Nepal

Country Data

Official Name: Federal Democratic Republic of Nepal
Capital: Kathmandu
Area: 147,516 sq km
Population: 30,666,598 (2022 estimate)
Official Language:

Nepali

GDP: US$ 150.800 billion (PPP, 2023 estimate)
Currency: Nepalese Rupee (NPR)
Work Days: Monday – Friday

Conventions/ Treaties

  • WIPO Convention (February 4, 1997)
  • Paris Convention (June 22, 2001)
  • WTO/ TRIPS (April 23, 2004)
  • Berne Convention (January 11, 2006)
  • Marrakesh VIP Treaty (signed on June 28, 2013)
National Legislation
  • Patent, Design and Trademark Act, 1965 (2022)
Basic Information
Creation of rights: First-to-file jurisdiction
Basis for filing: Proposed to be used basis or prior use with sufficient documents
Well-known marks: Special protection is available
Types of marks: Trademarks, Service Marks, Collective Marks
Priority: 6-month priority.
Madrid System: NA
Filing system: Single class application
Classification: Nice Classification (9th edition)
Who can be Applicant: (1) Individuals; (2) Corporate entities; (3) Joint application
Examination:

On formal, absolute and relative grounds

Publication: In the Trademark Journal
Opposition period:

90 days from the date of publication in the Trademark Journal

Duration of registration:

7 years from the filing date – renewable for further periods of 7years each upon request of the trademark owner within 35 days preceding the expiry date

Renewal grace period: 6 months with surcharge
Use requirement: A trademark registration becomes vulnerable to cancellation if the mark is not used for a period of one year from the date of registration
Registration timeframe (straightforward case): 5 to 6 months (approximately)
Search
Official Search:

Available for word marks and device marks

Scope of search:

Includes all applied-for and registered marks

Turnaround time: 3 to 5 working days
Ways to obtain protection
  • Filing of national application with or without priority claim under the Paris Convention.

Filing Requirements

New Applications
  1. Power of Attorney from the applicant, duly notarized.
  2. Trademark Registration Application form, signed/ sealed by the applicant – duly notarized.
  3. A copy of Home Country Registration Certificate or a certificate of registration issued in any other country, duly certified and notarized.
  4. A certified copy of priority document, if priority is claimed
Renewal of Registration
  1. Power of Attorney from the registrant, duly notarized.
  2. Proof of use of the mark.
  3. Original trademark registration certificate.
Change of Name / Address Recordation
  1. Power of Attorney in the new name/ address of the trademark owner, duly notarized.
  2. A copy of commercial register or extract showing the change of name or address, duly certified/ notarized
  3. Original trademark registration certificate.
Assignment Recordation
  1. Power of Attorney from the assignee, duly notarized.
  2. Deed of Assignment in English language, duly notarized
  3. Original trademark registration certificate.
Merger Recordation
  1. Power of Attorney for the surviving entity, duly notarized.
  2. A copy of commercial register or extract or affidavit evidencing the merger, duly certified/ notarized.
  3. Original trademark registration certificate.
License Recordation
  1. Power of attorney from the licensee, duly notarized.
  2. License agreement, duly certified/ notarized.
  3. Original trademark registration certificate
National Legislation
  • Patent, Design and Trademark Act, 1965 (2022
Ways to obtain patent protection:
  1. National Filing Nepal with or without priority claim under the Paris Convention
Basic Information
Claims admissible for: Process or any new and useful improvement
Novelty requirement: Absolute novelty
Convention priority: Available (12 months)
PCT national phase entry deadline: Nepal has not acceded to PCT as yet
Search: NA
Examination: With respect to form, novelty, inventiveness, industrial applicability
Publication: A notice is published in the official Nepalese Gazette after the grant
Opposition period: 35 days from the date of seeing or copying the patent
Protection term (patent): 7 years from the filing date and renewable for a term of 7 years upon request of the trademark owner within 35 days preceding the expiry date twice.
Annuity: No annuity payable
Renewal grace period: 6 months with surcharge
Patent grant timeframe (straightforward case): 1 to 2 years (approximately)
Ways to obtain patent protection
  • Ordinary application
  • Conventional application
Filing Requirements
  1. Power of Attorney from the applicant, duly notarized.
  2. A notarized copy of patent specification, claims, drawings (if any), and abstract in English
  3. A copy of Home Country Registration Certificate or a certificate of registration issued in any other country, duly certified and notarized.
  4. A certified copy of priority document, if priority is claimed
National Legislation
  • Patent, Design and Trademark Act, 1965 (2022).
Ways to obtain protection for design:
  1. Ordinary Application
  2. Convention Application
Basic Information
Types of designs: (1) Drawings; and (2) models.
Novelty: Novelty and originality are a prerequisite for the designs
Multiple figures: There is no such provision in the law
Convention priority: 6-month priority may be claimed.
Locarno Classification: Not applied.
Examination: Formal and substantive examination
Publication: Post-registration publication notification
Opposition: Any one can oppose within 35 days from the date of publication
Protection term: Protection is granted initially for 5-years term starting from the date of filing
Renewal: Renewal is possible within 35 days from the expiry date of protection for a
further two consecutive terms of 5 years
Renewal grace period: 6 months with surcharge
Registration timeframe (straightforward case): 12 to 16 months (approximately)
Filing Requirements
  1. Power of Attorney from the applicant, duly notarized.
  2. Description, drawings and sketch of design and four copies of its models.
  3. Title and various views of the article (front, back, top, bottom, side).
  4. A certified copy of priority document, if priority is claimed

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