Trademark enforcement is most effective when the rights, evidence, commercial objective and available forum are assessed before the suspected infringer is contacted.
Monitor and verify
Use market checks, distributor feedback, online monitoring and trademark-watch services to identify suspicious use. Confirm the owner's registration, renewal, recorded details and relevant goods or services before taking action.
Preserve evidence
Collect dated screenshots, listings, invoices, packaging, samples, seller details, delivery records and witness information. Where appropriate, use controlled purchases and preserve the chain of custody. Do not rely on a link that may disappear after notice.
Assess the legal and commercial position
Compare the marks as used, goods or services, customers, sales channels and surrounding presentation. Consider validity challenges, non-use risk, ownership, authorization, exhaustion, parallel trade, urgency and the likelihood of confusion or reputation harm.
Choose a proportionate response
Possible routes may include a cease-and-desist letter, marketplace report, negotiated undertaking, opposition or cancellation, administrative enforcement, customs or border coordination where available, and court proceedings. The correct route and remedy depend on current law, procedure and evidence.
Protect the portfolio
Maintain registration and renewal records, record ownership changes, document licences and use consistent brand guidelines. Early portfolio maintenance can prevent avoidable standing and evidence problems during enforcement.
This article provides general information, not legal advice.
Related services and resources
Primary and official sources
- Patent, Design and Trade Mark Act, 1965 – WIPO Lex — World Intellectual Property Organization
- Patent, Design and Trade Mark Act, 2022 (1965) — Nepal Law Commission
- Industrial Property Bulletins — Department of Industry, Government of Nepal
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