The trademark is the legal process of obtaining exclusive rights to a specific trademark for a product or service within the country. A trademark is a unique symbol, word, phrase, design, or combination thereof that distinguishes goods or services offered by one business from those of others in the market. Trademark registration provides the owner with legal protection against unauthorized use of their trademark by others, preventing confusion among consumers and safeguarding the reputation and identity of the business.
Building a brand takes a lot of time, effort and capital. As a result, it's necessary to make sure that you possess the rights to use your brand's logo, tagline, product shape and packaging, sound, fragrance, colour combinations, and anything else that gives it a distinct identity. Trademark is a type of intellectual property which differentiates your product or services from other competitors in the market.
In Nepal, the Trademark Act,1999 permits you to register a trademark. It allows for exclusive ownership rights and prohibits others from using the mark, favoring the registered mark's owner.
Once a trademark is registered, the "TM" symbol can be used with the applicant and the brand. To protect the brand name, trademark registration in Nepal is essential. It is typically best to seek trademark registration under the supervision of a professional, as the process entails several steps and needs constant government follow-up.
Trademark registrations are prevalently used to protect unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organization can all file for trademark registration in Nepal. However, each class of person or entity has its own set of requirements when it comes to filing a trademark application. In Nepal, the following are eligible for trademark registration.
An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.
The Joint owners of a company together can file for a trademark and both their names must be mentioned in the application.
A proprietorship firm may file a trademark application under its proprietor's name but not under the business and proprietorship names. If you include a proprietorship name and a business name in your application, those details will be considered separately.
A partnership company must include all the names of the partners in the application while registering for a trademark, with a maximum of ten members. If a minor partner is present, the name of the minor's guardian representing him must be mentioned.
In the case of the Limited Liability Partnership, the application should be in the name of the LLP. It is an incorporated body where the partners have their own identity. The partners cannot be the applicant as the trademark belongs to the LLP.
Any Nepaln company, regardless of weather a private limited, limited, or any other form, must file a trademark application in the company's name. It should be noted that any incorporated entity has its own identity, so a company's director cannot be a trademark applicant.
If a foreign incorporated entity applies for a trademark in Nepal, the application must be made in the corporate name as it is registered in the foreign country. The nature of the registration, the country, and the law should all be mentioned here.
If a trademark application is filed on behalf of a trust or society, the managing trustee, chairman, or secretary who is representing the trust or society must be named.
Product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all forms of trademarks that can be registered. Despite the fact that there are various trademarks, their objective is the same: to allow consumers to identify goods and services produced by certain manufacturers or service providers. Let's look at the different types of trademark registrations available in Nepal.
In contrast to a service, a product mark is applied to a good or a product. A product mark assists in the identification of the product's origin as well as the preservation of the company's reputation. Because they represent commodities, trademark applications filed under the trademark 1-34 could be classified as product marks.
A service mark is similar to a product mark, except that it is used to identify a service rather than a product. The service mark's main purpose is to help distinguish the proprietors from the owners of other similar services. The trademark applications are submitted under trademark classes 35-45, which could be considered service marks because they represent services.
The collective mark informs the public about the unique characteristics of the products and services that are used to represent a group. This mark can be used by a group of people to protect goods and services on a collective basis. A trademark holder can be an association, a public institution, or a Section 8 corporation.
It is a sign issued by the proprietor that indicates the product's origin, substance, quality, or other specific data. The main objective of certification is to establish a product's standard and to provide buyers with assurance that the product has passed standardized tests to ensure quality. Generally, certification marks can be seen on packaged goods, toys, and electronics.
The shape mark is used exclusively to secure the shape of a product so that customers associate it with a specific manufacturer and choose to buy it. Once it is determined that the product has a distinctive shape, the shape can be registered.
The pattern marks are for products that have a specific designed pattern that serves as the product's distinctive feature. Patterns that do not stand out as noteworthy are rejected. A pattern mark must stand out as distinct in order to be registered.
A sound mark is a sound that can be linked to a product or service that comes from a specific supplier. Sound logos are also known as audio mnemonics, and they occur at the start and finish of commercials. The most popular sound mark in Nepal is the tune for IPL.
Here at Nepal Filings, we have a simplified process of obtaining a trademark registration in Nepal.
There are numerous reasons to register a trademark, but the majority of them are required for all businesses and ambitious entrepreneurs because it serves as a valuable asset. Obtaining a trademark registration and utilizing the services has numerous advantages. Here are a few benefits.
The legal protection provided by trademark registration is against the misuse or copying of the company's name or registered logo. The trademark owner acquires legal ownership of the trademark, which can be enforced in any court. When a trademark is registered, the owner gains nationwide possession of the mark.
A trademark registration serves as a formal notice that the trademark has already been registered.
A trademark owner obtains the ability to publicly display his or her brand as a registered trademark, alerting others and eliminating the defence of innocent infringement. Once a trademark is registered, it will appear in search reports, preventing other applicants from pursuing the registration of the same or similar mark.
If you are the first to file a trademark, the National Trademark Office in New Delhi will reject to register any trademark that appears to be confusingly similar to another trademark.
The owner of a trademark can recover up to triple damages from the offender if the trademark is registered in Nepal. The owner is presumed to be the rightful owner of the trademark. When a trademark is registered, the owner gains the ability to sue anyone who is misusing the mark in any court. Unregistered trademarks, on the other hand, are subject to legal action.
With technological advancements, Trademark registration can now be done online. NepalFilings has helped thousands of businesses across Nepal.
It is necessary that before beginning, the entrepreneur must search for trademark availability. Doing a Trademark search will provide information about identical or similar Trademark filed with the Trademark Registry. Our article on How to do Trademark research? Will guide you with the same.
The trademark registration application can be filed with the Trademark Registrar after the trademark search is completed. However, the application must be made in the prescribed manner and preceded by the applicable fees. The application can be made online or at any of the state's five Trademark Registrar's offices. To register a trademark online, go to the NepalFilings website.
The Trademark Registration application must contain the following information:
The Vienna Classification, also known as the Vienna Codification, is an international classification of the symbolic elements of trademarks that was established by the Vienna Agreement (1973). The Trademark Registrar will apply the Vienna classification to the Trademark based on the marks' figurative elements after the Trademark registration application is filed. While this work is being done, the trademark application status is usually displayed as "Sent for Vienna Codification".
Post completion of the Vienna Codification, the Trademark registration application will be assigned to a Trademark Registrar's officer. After that, the officer will check the Trademark application for accuracy and produce a Trademark examination report. The officer has the option of accepting the Trademark application, allowing trademark journal publication, or objecting to the Trademark registration process.
If the application is denied, the applicant has the option of appearing before the Trademark Officer to answer the concerns. If the officer finds the justification sufficient, the Trademark will be approved for publishing in the Trademark Journal. The applicant has the ability to appeal the officer's judgement to the Intellectual Property Appellate Board if the grounds aren't suitable.
The proposed Trademark is published in the Trademark journal once the Trademark Registrar accepts the registration application. This journal is published weekly and contains all of the trademarks that have been received by the Registrar. In addition, members of the public can oppose to a trademark registration if they believe it would harm them. If no objections are received within 90 days of publication, the mark will be registered in 12 weeks.
If a third party objects to the application, the Trademark Hearing Officer will schedule a hearing. Both the applicant and the opposer have the opportunity to appear and present their respective justifications.Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.
If no objections or oppositions are raised, just the trademark document and registration will be prepared and issued. Trademark is deemed a registered trademark of the owner only once the Trademark registration Certificate is issued, providing the owner some exclusive rights to the mark. The ® Symbol can now be added to a logo or a trademark.
The trademark examiner objects to your application for a variety of reasons, which is one of the first stages in the trademark registration process. The registrar seeks valid reasons or explanations about the mark and its registrability, rather than simply denying your claim. He offers the applicant the chance to explain how the trademark meets the requirements for successful registration.
A trademark opposition is an objection filed by a third party against the registration of a trademark. The Registry accepts oppositions from any natural or legal person. This comprises individuals, businesses, partnership firms, and trusts (s). Notably, the person registering the opposition does not need to have an economic interest in the case or a previously registered trademark with the Registry to file the opposition.
A trademark hearing is a physical appearance before the registrar of trademarks, either in person or by a trademark attorney or trademark agent, for the purpose of removing the proposed objections under review from a report issued following the filing of a trademark registration statement or application. If the registrar authority is not satisfied with the response lodged against the objection proposed in the final report in the procedure of trademark certification, a trademark hearing is held.
Trademarks, patents, and copyrights are all forms of intellectual property protection, but they each serve different purposes and protect different types of creations. Here are the main differences between them:
1. Trademark:
A trademark is a distinctive sign, symbol, word, or phrase that identifies and distinguishes the source of goods or services from those of others. It is used to protect brand names, logos, slogans, and other elements that identify and differentiate products or services in the marketplace. Trademarks help consumers identify and associate certain qualities with a particular brand. Trademark protection is intended to prevent consumer confusion and to safeguard the reputation and goodwill of businesses. Trademarks are typically registered with government agencies, such as the United States Patent and Trademark Office (USPTO).
2. Patent:
A patent is a form of intellectual property protection granted to inventors for their inventions. It provides exclusive rights to the inventor, preventing others from making, using, selling, or importing the patented invention without permission. Patents are granted for new, useful, and non-obvious inventions or discoveries, such as processes, machines, compositions of matter, or improvements thereof. Patents encourage innovation by providing inventors with a limited monopoly on their inventions, allowing them to profit from their discoveries and incentivizing further research and development. Patents are typically granted by government patent offices, such as the USPTO.
3. Copyright:
Copyright is a form of intellectual property protection that grants exclusive rights to authors and creators of original works. It protects original works of authorship, including literary, artistic, musical, dramatic, and other creative works. Examples of copyrighted works include books, paintings, songs, movies, and software. Copyright protection gives the creator the exclusive right to reproduce, distribute, display, perform, or create derivative works based on the original work. Copyright protection is automatic upon the creation of the work, and registration with a copyright office (such as the United States Copyright Office) is not required, although it provides additional benefits and legal advantages.
In summary, trademarks protect brands and their associated identifiers, patents protect inventions and technological innovations, and copyrights protect original creative works. Each provides different types of protection and serves different purposes in the realm of intellectual property.
You will need to complete the prescribed trademark application form, which is available from the Department of Industry or can often be downloaded from their website.
An "Application for Trademark Registration" is a formal request submitted to the appropriate government authority or trademark office by an individual or entity seeking legal protection for a specific trademark. This application initiates the process of registering a trademark, which is a distinctive sign, symbol, logo, word, phrase, or combination thereof that is used to distinguish and identify the goods or services of one business from those of others.
If you are applying for trademark registration through a representative, you may need to submit a power of attorney authorizing them to act on your behalf.
An "Application for Trademark Registration" is a formal request submitted to the appropriate government authority or trademark office by an individual or entity seeking legal protection for a specific trademark. This application initiates the process of registering a trademark, which is a distinctive sign, symbol, logo, word, phrase, or combination thereof that is used to distinguish and identify the goods or services of one business from those of others.
A "Copy of TAX Clearance" refers to a document or certificate issued by the tax authorities of a government or jurisdiction. This document is typically provided to individuals, businesses, or organizations to confirm that they have met their tax obligations and have no outstanding tax liabilities. It serves as evidence that the entity is in good standing with regard to its tax responsibilities.
A "Copy of Company Update" refers to a document or record that provides information about changes, modifications, or updates made to the details of a registered company or business entity. These updates typically involve alterations to the company's legal and administrative information, such as its name, address, ownership structure, or other relevant particulars.
A "Copy of Share Book" typically refers to a duplicate or replica of a document known as the "Share Register" or "Share Ledger." The Share Register is a record maintained by a company or corporation that contains detailed information about the ownership of shares in the company.
Four companies logo should be submitted with other relevant documents.
A "Copy of Shareholders Citizenship" typically refers to a document or record that provides information about the citizenship or nationality of individuals or entities who hold shares in a company or corporation. This document is often used for various legal and regulatory purposes, including compliance with laws and regulations related to foreign ownership or investment.
"Prabandhapatra" could refer to an official administrative document or record that outlines the management or organizational structure of a particular institution, organization, or government body. It might detail the roles, responsibilities, and authorities of various individuals or departments within the entity.
In essence, "Niyemawali" serves as a formal document that helps maintain order, discipline, and consistency within a given context by establishing a clear set of rules and expectations that individuals are expected to follow.
Any word, name, device, label, numerals, or a combination of colors that can be represented graphically can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.
Any mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
To standardize the goods or services which the trademark will represent, the trademark registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes. Trademark registration is granted for that specific class of goods or service.
No, any trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.
The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided
There are several reasons to get the trademark registration but the major reason is to obtain the registration as the trademark acts as an asset for the company, It is a powerful deterrent and has legal remedies.
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