Brand value accrues quietly, then becomes suddenly urgent when someone else uses it. Intellectual property work is cheapest at the start and most expensive once a dispute has already begun.
What this area covers
- Trademark availability searches before a brand is committed to
- Trademark applications, responses to objections and registration
- Trademark renewal and the recording of assignments and licences
- Patent and industrial design applications
- Copyright registration for creative and software works
- Cease and desist correspondence and infringement action
- Opposition and cancellation proceedings
- Brand protection strategy for businesses expanding across borders
Questions about intellectual property law
Do I own my brand name because I registered my company with it?
No, and this catches people out constantly. A company name at the Office of the Company Registrar and a trademark at the Department of Industry are separate rights. Company registration stops another company taking an identical name on that register. It does not stop a different business using your brand on their products. Only trademark registration does that.
How long does trademark registration take in Nepal?
Filing is quick. Registration is not. The application goes through examination and a publication period during which third parties may object, and the total time to a registration certificate is usually measured in many months rather than weeks. Filing early matters more than filing fast, because priority runs from the application date.
Should I search before I apply?
Yes. A search costs a fraction of what a refused application costs in time, and considerably less than rebranding after you have printed packaging. We run the search and give a candid view on the chances rather than filing whatever is put in front of us.
Does a trademark registered in Nepal protect me in other countries?
No. Trademark rights are territorial. If you sell into India, the Gulf or Europe, you need protection in those jurisdictions. We advise on the filing route and coordinate with agents abroad where required.
Can I trademark a name that describes what I sell?
Purely descriptive marks are difficult to register and weak even when they get through. Distinctive marks are easier to protect and easier to enforce. We usually raise this before the application, not after the objection.