Short note: Trade mark

A trade mark is a visible sign, such as a word, name, letter, number, symbol, logo, colour combination or a mix of these, used on goods or services to show their origin and distinguish them from those of other traders. It is a kind of industrial property protected in Nepal under the Patent, Design and Trademark Act 2022, and registration is done at the Department of Industry.

Functions

• Identifies the maker and guarantees a certain quality.
• Helps customers choose and prevents confusion with imitations.
• Builds goodwill and brand value, and can be sold or licensed.

Registration

• The applicant submits the mark, a list of goods or services, and the fee.
• The office checks that the mark is distinctive, not deceptive or immoral, and not identical or confusingly similar to a registered mark. It is then published for objection.
• If there is no valid objection, the mark is registered and a certificate is issued. The registration is valid for 7 years and can be renewed.

Rights and remedies

The owner has the exclusive right to use the mark. Anyone who copies or uses a similar mark without permission commits infringement and may be ordered to stop and pay compensation. An unused mark can be removed from the register. Examples are the names and logos of cement, steel, and software firms.