In Nepal, according to the Patent, Design and Trademark Act, 2022, Opposition for Trademark can be filed in the Department of Industries (DOI).  For the opposition of the trademark, any person opposing for trademark should submit an opposition to the DOI. Hence, if a mark is descriptive, identical to already existing one, lacks uniqueness, or is likely to mislead the public, the trademark can be filed for opposition.  The Director General has the main authority to decide on the cases related to the Trademark Opposition. 

1.    Filing a Notice for Opposition: 
The notice for opposition can be filed by any person as to the opposition of the said trademark, after the examination of the trademark by the DOI, on the publication of the trademark in the Industrial Property Bulletin. A trademark application can be opposed in Nepal under Section 18(1) of the Patent, Design and Trademark Act, 2022.   

2.    Time Limit for Opposition:
The notice of opposition should be filed within the prescribed time period of 90 days from the date of the Industrial Property Bulletin is made available to the public. There is no provision for the extension of the time limit for opposition.  

3.    Fees and Formalities: 
The notice for the opposition of Trademark must be filed in the Department of Industries accompanied by the relevant fees.

4.    Conditions for Opposition: 
Trademark can be opposed under the following conditions according to the Section 18 of the Patent, Design and Trademark Act, 2022: 

a.    If the mark hurts the prestige of any individual or institution.
b.    If it adversely impacts the public conduct or morality.
c.     If it undermines the national interest or the reputation of the trademark or any other person. 
d.    If the mark is already registered in the name of another person or a company.
e.    If the mark by its nature or the use in respect thereof, contrary to public order or morality. 

5.    Procedure for Opposition: 
The procedure for trademark opposition includes, the decision of the Director General, following the submission of a notice of opposition, counterstatement, and hearing. The procedure for opposition of trademark is the following: 

a.    The notice of opposition: The notice of opposition so filed is served to the defendant by the DOI. The notice of opposition should include the allegations for the grounds for opposition and evidences should be attached with the notice to support the opposition. 

b.    Filing a Counter-statement: The defendant is required to file a counterstatement within 21 days of receipt of the notice. The defendants  should attach the evidences in their document to support their counter-statement.   

c.    Hearing: The last stage for the opposition of trademark is hearing. Hearing takes place in the DOI, both the parties to the case will be given the opportunity to be heard. The Director General has the authority to take the decisions of the hearing. 

In conclusion, an opposition to trademark is a formal process, where an opposition can be filed by any person or entity who believes they will be adversely impacted or commercially damaged by the registration of a published trademark. Section 18 of the Patent, Design and Trademark Act, 2022 deals with the provisions related to the opposition of Trademark. The trademark can be opposed under the above-mentioned grounds, and file for opposition in the DOI, and if the parties do not agree with the decisions given by the Director General, the parties may file for Appeal at the Patan High Court. 

Disclaimer
We hereby declare that the information in this article is for informational purposes only and should not be considered as legal advice. 

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