Ministry of Commerce And Supplies - Enhanced Integrated ...

N T I S2010The DoI, on the recommendation of a committee of experts, decides whether or not a design should beregistered.TrademarkLike patent and design, a trademark must be registered to confer someone a right. Section 2 (c) of the saidAct defines the term trademark. The aforementioned Section defines trademark as: ‘word, mark, picture, or amixture of these three that is applied by a firm, corporation, or person to differentiate their goods or servicesfrom those provided by others.’To register a trademark, an application must be submitted. Subsequently, the DoI, pursuant to Section 18 ofthe Act, conducts the necessary examination and inquiry. The DoI under the Act investigates possible claimor objection over the trademark through publication of trademarks submitted for registration. Objectionsare investigated by the Department. If the submission is deemed appropriate, the Department registers thetrademark.Pursuant to the law, the Department publishes trademarks submitted for registration every month in theIndustrial Property Bulletin with 90 days for submission of claims or objections. If a trademark is not usedwithin one year of its registration, the Department, pursuant to Section 18 (c) of the Act, may cancel theregistration of the trademark. A trademark cannot be used as a registered trademark unless it is registeredwith the Department. Registered trademark can be renewed repeatedly for a period of every seven years.Unlike with patent and design, the Act does not provide term limitation to trademark. Industrial propertyregistration system in Nepal follows the Nice Classification system, also known as International Classification.Marks are registered in Nepal as Trademarks and Service Marks under International Classification. To registera trademark or a service mark, an applicant must submit a sample of the mark along with the matters or serviceto which the mark is applied and shall specify the international classification. Any trademark or service markthat is similar to an earlier registered mark, is similar to a mark publicly known, is adverse to public health,public etiquette, morals and contrary to national interest, or hampers the reputation of other trademarks,cannot qualify for registration. If such a trademark is already registered, registration is cancelled pursuant toSection 18 (c).A trademark extends to consumers a guarantee of quality and trust in goods or services. Therefore, trademarkis always different from one another and has a separate identity. Marks or trademarks are used to protectoriginal goods from fake ones. The 1883 Paris Convention, the 1891 Madrid Agreement, and 1979 MadridProtocol are deemed to be the international laws regulating the trademark. Nepal ratified the Paris Conventionon July 24, 2000, which is applied as Nepal law.Marks used in services are known as service marks. Service marks are used by service providing companiesand are used in matters to which service is provided. For example, hotels, banks, airlines, and insurancecompanies use service marks. The current Act of Nepal does not distinguish between trademarks and servicemarks. Service marks, therefore, simply fall under trademarks.The current Industrial Property has no provision to register Collective Marks, Trade Secrets, and GeographicalIndications. These are missing protections that need to be introduced in Nepalese law.Department of IndustriesThe DoI is responsible for registering patents, designs, and trademarks. The Department entertains preliminarypetitions regarding disputes relating to patents, designs, and trademarks, and is responsible for sanctioningNEPAL TRADE INTEGRATION STRATEGY 2010BACKGROUND REPORT209