The archived article reports a dispute between the Scotch Whisky Association and Highland Distillery Pvt. Ltd. over an application for HIGHLANDER and a logo in Class 33.
Background reported in the article
After the mark was published, the Scotch Whisky Association opposed it on the basis that Highland is associated with a whisky-producing region of Scotland and that HIGHLANDER could mislead consumers or harm the reputation of Scotch whisky. The Department of Industry rejected the opposition.
Reported outcome
According to the source article, the Patan High Court set aside the Department's decision because the dispute required analysis of geographical-indication protection rather than only whether HIGHLANDER functioned as a well-known trademark.
Practical implications
A sign can raise origin and unfair-competition concerns even when presented as a trademark. Applications involving geographic terms should be assessed for the product, claimed origin, consumer understanding, reputation and Nepal's applicable international obligations.
Verification status
Confirm the certified decision, case number, decision date and exact treatment of Nepal's domestic and treaty obligations before citing the case.
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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