A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. Trademarks in Nepal may be designated by the following symbols: ™ (for an unregistered trademark, that is, a mark used to promote or brand goods) ® (for a registered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks that do not fall into these standard categories, such as those based on colour, smell, or sound. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required.
To register a trademark in Nepal, after filing the application in the prescribed form and payment of relevant fee, the mark will then be examined, published and eventually shall proceed to registration where there is no opposition against the said trademark or where the opposition against the said trademark was filed but was decided in favour of the applicant. The trademark will then be registered for a period of 7 years from the date of filing of the application in Nepal and the registration certificate will be issued. Once a trademark is registered in Nepal, then the insignia ® can be used with the mark. The Patents, Designs and Trademarks Act, 1965 also provides that if a registered trademark is not used for a continuous period of 01 years from the date of registration, then the same becomes vulnerable to cancellation action on grounds of non-use.