Trademark

Trademark

Protecting and enforcing Trademark is a cornerstone of our IP services.

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

Trademark can either be a word mark or a device mark. A word mark essentially denotes words/letters in non-stylized manner. On the other hand device mark comprises artistic features or unique color combination. Trademark may also consist of three-dimensional features such as the packaging of the goods, non-visible signs such as sounds or fragrances, or color shades used as distinguishing features- the possibilities are almost limitless.

At the national level, trademark protection can be obtained through registration, by filling an application for registration with the national trademark office . In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. This implies that the trademark cab be exclusively used by its owner, or licensed to another party for use in return for payment. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation.

Protecting and enforcing Trademark is a cornerstone of our IP services. The term of trademark registration can vary, in Nepal it is seven  years from the date of registration and  can be renewed for each seven years subsequently. In today’s world of increasing business globalization, brand equity and protection in Nepal and abroad have become critical to ensuring market access and position. Apex Law understands the challenges involved, and effectively addresses them by applying our vast expertise in Nepal and international matters as we help clients develop national and global trademark filing, maintenance, and protection strategies unique to their business needs.

Our services:

  • Develop, protect and manage clients’ valuable trademarks
  • Search and advise on availability and use of trademarks-rendering clearance opinions
  • File and prosecute applications to registration
  • Prosecute all maintenance matters and renew existing registrations
  • Build, maintain, and manage portfolios
  • Prevent infringement of trademark rights by policing the marketplace and using third- party watch services and independent research to identify and act upon infringers
  • Negotiate and draft licensing and assignment agreements
  • Prosecute and defend judicial proceedings
  • Advice clients in connection with rights of publicity, unfair competition, copyright and false advertising claims
  • Enforcement actions.