A trademark, often referred to as a brand name, is a significant asset for any company. It includes logos, names, colors, or slogans that distinguish one business from another. Protecting this asset on a global scale requires careful planning and understanding of various international laws and conventions.
Registering a trademark internationally from Nepal involves several steps and understanding specific legal requirements. Online registration for international trademarks is not available in Nepal, but professional help from firms like Prime Legal Consultants and Research Centre can simplify the process. They offer experienced trademark attorneys who handle numerous trademark filings each year, ensuring your trademark is protected globally.
In this guide, we will explore the steps involved in registering a trademark on a global scale, with a focus on procedures relevant to Nepal.
Steps to Register a Trademark
1. Understanding Trademarks and Service Marks
A trademark represents your company’s goods, while a service mark identifies your services. Both are essential for establishing your brand, making it easy for customers to recognize your business.
2. The Procedure for Registering a Trademark
The trademark registration process varies between national and international levels. In Nepal, trademarks can be registered under national law or through international conventions. The procedures for products manufactured domestically or internationally differ and provide unique advantages for a company.
3. Trademark Search in Nepal
Before filing a trademark application, it is crucial to conduct a trademark search. This helps determine if the international trademark you wish to register is available. A trademark search checks for existing trademarks that are identical or similar, avoiding potential objections or oppositions later on.
4. Filing a Trademark Application in Nepal
According to the Patent, Design, and Trademark Act of 1965 (2022), trademark applications in Nepal fall into two categories:
Common Application
Under Section 17, common applications do not claim priority and are suitable for straightforward registrations.
Convention Application (Claiming Priority)
Section 21(c) allows for priority claims from convention countries. Applications must be filed within six months of the original filing in the convention country, accompanied by certified priority documents.
5. The Paris Convention
Nepal is a member of the Paris Convention for the Protection of Industrial Property since June 22, 2001. This convention ensures equal treatment of applications from member countries, allowing priority claims within six months of the original filing date in a convention country.
6. Classification of Trademarks in Nepal for Goods and Services
Nepal uses an international classification system for trademarks, dividing goods into classes 1 through 34 and services into classes 35 through 45.
7. Required Documents for a Foreign Trademark Application
To file a foreign trademark application, submit the prescribed form and fees to the Department of Industry. The application is reviewed for distinctiveness and resemblance to existing marks. If approved, it is published in the trademark journal.
8. Trademark Publication and Opposition
Once the application is accepted, it is published to invite public opposition. Any objections must be filed within 35 days. If there are no oppositions, or if oppositions are resolved in favor of the applicant, the trademark is registered for seven years and can be renewed indefinitely.
Conclusion
Registering a trademark globally from Nepal involves understanding national laws, international conventions, and the specific procedures of trademark search, application, publication, and opposition. Protecting your trademark ensures your brand’s recognition and value.
For assistance in registering your trademark internationally, reach out to TrademarkSewa, where experienced professionals can guide you through the process efficiently.