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TRADEMARK LAW AND REGISTRATION PROCESS IN NEPAL

Jun 09, 2024

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TRADEMARK LAW AND REGISTRATION PROCESS IN NEPAL

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprise. The trademark may be any distinctive element, such as words, letters, numerals, drawings, pictures, shapes, colors, labels, or any combination of these, can be used as a mark. The Patent, Design and Trademark Act, 2022 (1965) of Nepal gives right to anybody may have a right on any trademark of his trade or business under the act by registering the trademark in the Department.  Nobody has the right to use or copy any trademark in a way of manipulating the people in general without the written consent of person in whose name the trademark is registered. The ownership of trademark can be transferred to other with permission of the Department. In Nepal the trademark is protected by The Patent, Design and Trade Mark Act, 2022 B.S. Section 2(c) defines trade- mark as “word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its product or services to distinguish them with the product or services of others. Any person desirous of acquiring trade- mark of his/ her business, has to register such trademark by making an application with application fee to the Department of Industries, Nepal along with four specimen of such trade- marks. After investigation, the Department shall register the trade- mark.

 

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