An Intellectual Property Services & Research Center
About Us
Acharya and Associates, an Intellectual Property Services & Research Center provides professional services to private and public businesses for their Intellectual Property matters in Nepal. We are passionately committed for the satisfaction of our clients. Our main goal as a Trademark, Patent & Design Attorney in Nepal is to concentrate more on the satisfaction of our valuable customers worldwide. Our job, as a Trademark, Patent & Design attorney in Nepal is to provide clients with full services on trademark filing and the registration procedure, renewal of the trademarks, patent & designs. We provide comprehensive services on the intellectual property e.g., enforcement of the trademarks by appropriate legal action, defend against infringements, conduct detailed market research etc. Acharya and Associates knows how to protect your brand identity. We are not only successful in obtaining registrations, but also will keep track of all the maintenance deadlines and send notifications to you beforehand.
Our Team
Our is uniquely structured team of young energetic lawyers and experienced Senior Lawyers. We ensure our clients with the services that are legally sound and professionally well presented. Our legal team is law savvy to provide complete legal solutions on both corporate and litigation services as required. Most importantly, our team is accessible, efficient and responsive to your needs.
Our Practice Areas
Trademark
- Trademark search & investigation services
- Application Filing
- Opposition handling
- Trademark Registration
- Renewal
- Change of name and address
- Service of an Assignment and Licensing
- Cancellations and Anti-counterfeiting Actions
- Market Survey
Patent
- Filing an application
- Patent Registration
- Patent Renewal
- Transfers/Assignments
Design
- Filing an application
- Registration
- Renewal
- Transfers/Assignments
Copyright
- Registration
- Renewal
- Transfers/Assignments
Miscellaneous
- Domain Name Registration
Frequently Asked Questions
Trademark
What is a trademark?
Trademark is a name or symbol, or a mix of name and symbol used to identify the origin of a product or service.
What is a service mark?
A service mark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs that identifies the source of services. Services are defined as activities that are performed by a person or business for the benefit of a person or persons other than himself, either for pay or otherwise. Often the term “trademark” is used to describe a service mark.
Can a design be a trademark?
Yes, if it is used to identify and distinguish the source of goods and/or services.
What does the search cover?
- The trademark search is based on a computer-accessed search on the database maintained by the Department of Industries including trademark registrations and trademark registration applications in Nepal.
Do I need to hire an attorney?
Yes! With Acharya & Acharya you are well cared for.
How do I register a trademark in Nepal?
Trademark rights arise from either actual use of the mark or filing for registration of a mark in the IP Section of the Department of Industries. Foreign Applicants need to submit a Home/Foreign Registration certificate to register their trademark in Nepal. Attorneys are the bridge for the Department and foreign clients. When attorneys are furnished with relevant documents (i.e., Power of Attorney, Application and Home Registration Certificate) they prompt for the registration of the trademark. Home Registration Certificate can be submitted at a later stage as well, however, the Department never grants the Registration in lack of HR Certificate.
What is the trademark classification system in Nepal?
The Department follows the NICE Classification system and provides that multiple categories would need to file individual applications for each class. A trademark registration for one category of goods or services will not guarantee the right to a similar or same mark in another category of goods and services.
What happens after an application has been filed?
The Department provides a receipt of the application and assigns a unique Serial Number. The application is then examined by designated official in the Department. An applicant is entitled to submit additional evidence and arguments to overcome a rejection if it occurs. This process will continue until the application is either abandoned or granted. Prior to grant registration certificate, the Department publishes the list of the pre-approved marks on its Official Trademark Bulletin. Once the mark is published, parties affected parties if any will then have thirty days to file an opposition to registration of the mark. If no opposition is received by the Department, the registration will be issued shortly thereafter.
How long does the process of application and prosecution take?
The process takes between six to eighteen months depending on the documentation
How long does a trademark last?
Registration is for a period of 7 years and can be renewed indefinitely for periods of 7 years.
Design
Must I register my industrial design to be protected?
There is no protection without registration. It is best practice to apply for registration before marketing your product.
How long does registration last?
Obtaining registration for an industrial design will give you exclusive rights for a period of ten years from the date of registration, provided that you pay a maintenance fee before expiry of the first five years plus six months of the registration.
If I register my design in Nepal, am I protected in other countries?
You can obtain protection in other countries only by filing in each country separately.
Can non-Nepali register designs in Nepal?
Yes, provided that the basic requirements are met. Registrations in other countries offer no protection in Nepal.
What do I need to apply for industrial design registration?
Contact us for detailed information.
If I see a good design outside Nepal and it does not appear to be on the market in Nepal, can I register that design under my name here?
No, only the proprietor of the design may apply. You could apply for the design in Nepal if you have acquired ownership.
If I sell or purchase rights to a design, do I need to inform the Department of Industries, IP Section?
It is a good idea to register the sale of rights, or “assignment,” as it is known, with the DOI, IP Section.
Patent
Is a patent application mandatory?
To have your patent protected, you must apply for and receive a patent. Since patent laws are national, you must obtain patent protection in each country in which you want protection.
Who can apply for a patent?
The legal owner of an invention can obtain the patent. Typically, the owner is the inventor or inventors. However, if an inventor sells his or her rights, then a second party will own the invention and be able to obtain a patent. If the inventor makes the invention as part of an employment contract, the employer may own the invention and have the right to the patent.
How long is a patent effective?
The life of a patent in Nepal is 20 years from the date of Registration which needs to be duly renewed every 7 years.
Does a patent in Nepal protect my rights in other countries?
Patent laws are national so you must obtain a patent in each country in which you want protection.