What is a trademark?

A trademark is anything that is used, or intended to be used, to identify the goods of one manufacturer from the goods of others. It is a brand name. Trademarks are important business tools because they allow companies to establish their product’s reputation without having to worry that an inferior product will diminish their reputation or profit by deceiving the consumer. Trademarks include words, names, symbols and logos. Anything that distinctly identifies your company can be a trademark, provided that it is for goods.

The Patent Design & Trademark Act 1965 (2022 BS) defines trademark as ” a word or symbol or illustrations or a combination of the three to be used by a firm, company or person to distinguish their products or services from those of others.

How to protect your trademark?

At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees. At the international level, you have two options: either you can file a trademark application with the trademark office of each country in which you are seeking protection.

Trademark Registration in Nepal

A registered trademark is an intangible asset for a business and is used to protect the company’s investment in the brand or symbol. It is always advised to get trademark registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks.

The Nepalese law only protects the registered trademark and Nepal operates a “first to file” system for trademarks, therefore, the primary level ofprotection to be gained is by being the first to register.

Registration of Foreign Trademark in Nepal

In Nepal, foreign companies can only register a trademark if the trademark hasbeen validly registered in another country. Nepal signed the Paris Convention for theProtection of Industrial Property 1883 and it has been in-force in Nepal since 22 June 2001, and provides registration facilities to foreign trademarks owners.

We can assist you to protect your trademark by assisting you to get your trademark registered as well as by representing you in any trademark related litigation.

Protect your brand by registering trademark today. Contact us.


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