TRADEMARK REGISTRATION IN NEPAL
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
Trademarks in Nepal may be designated by the following symbols:
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™ (for an unregistered trademark, that is, a mark used to promote or brand goods)
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℠ (for an unregistered service mark, that is, a mark used to promote or brand services)
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® (for a registered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks that do not fall into these standard categories, such as those based on color, smell, or sound. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required.
The owner of a common-law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.
The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark.
A trademark search in Nepal can be for both word and device marks. It is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, the existence of prior identical/similar marks on the register, etc., so as to avoid any objection and opposition with respect to the mark. Although search is not mandatory for filing the application, it is advisable to conduct a preliminary search for the proposed trademark before filing the application in order to avoid any objection and opposition with respect to the mark later on.
Trademark searches in Nepal can be conducted for word marks, numerals, labels, and device marks. Device mark searches can be conducted through the Vienna code.
Trademark searches can be classified into the following categories:
Word Search
Trademark word search edition of Nepal follows the nice classification and trademark can be filed for goods in class 1-34 and services in class 35-45. Trademark searches in Nepal can be conducted for the desired class and associated classes.
It is advisable to conduct a comprehensive trademark clearance search in Nepal to ascertain the availability of the proposed mark and also to overcome any objection and opposition with respect to the mark later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Nepal.
Device Mark Search
It is advisable to conduct a comprehensive search for a figuration trademark. The device marks include individual marks such as stylized letters, numerals, shapes, plants, celestial bodies, living creatures, etc., or a combination of marks containing device marks. A device mark search in Nepal can be conducted amongst the marks filed and registered as per the Vienna code classification.