In a significant development for trademark protection and brand recognition in Nepal, Hilton Worldwide Manage Limited has been officially recognized as the owner of a well-known trademark by the Department of Industries (DoI), Nepal. This recognition affirms the global reputation, goodwill, and distinctiveness of the HILTON brand and its associated family of marks, reinforcing Nepal’s commitment to protecting internationally renowned trademarks.

The decision arose from a dispute involving the use and registration of the mark “Hilton Academy” by a local entity, Hilton Academy Pvt. Ltd. After examining the evidence, the Department concluded that the use of “Hilton” by the local party was likely to cause confusion and dilute the distinctive character of the globally established HILTON brand. The DoI emphasized that Hilton’s trademarks enjoy widespread recognition across jurisdictions due to long-standing use, extensive global presence, and consistent brand promotion 

Hilton Worldwide Manage Limited demonstrated ownership of a broad portfolio of trademarks incorporating the HILTON name, including well-known hotel brands such as DoubleTree by Hilton, Embassy Suites by Hilton, Hampton by Hilton, Hilton Garden Inn, Hilton Grand Vacations, Home2 Suites by Hilton, and Homewood Suites by Hilton. These marks are registered and used extensively worldwide in relation to hotel, hospitality, accommodation, restaurant, and related services. The Department acknowledged that these brands are not only commercially successful but also widely recognized by consumers, including in Nepal 

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In reaching its conclusion, the Department applied principles consistent with the Patent, Design and Trademark Act, 1965 of Nepal, as well as international standards reflected under the TRIPS Agreement, to which Nepal is a party. The DoI noted that well-known marks are entitled to protection even in respect of dissimilar goods or services, where unauthorized use may mislead the public or take unfair advantage of the mark’s reputation. The recognition of HILTONas a well-known mark therefore extends beyond identical or similar services and provides broader protection against misuse and imitation 

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Importantly, the Department found that the adoption of the “Hilton” name by Hilton Academy Pvt. Ltd. lacked sufficient justification and was likely to create an association with Hilton Worldwide in the minds of consumers. Such association, the DoI held, would amount to unfair competition and could harm the distinctive identity and goodwill of the Hilton brand. Consequently, the Department ruled in favor of Hilton Worldwide Manage Limited, reinforcing the exclusive rights of the global hospitality group over the HILTON mark in Nepal 

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This decision carries wider implications for trademark enforcement in Nepal. It sends a clear message that globally reputed brands will receive strong protection, even against local entities, when the elements of reputation, prior use, and consumer recognition are established. For international brand owners, the Hilton decision strengthens confidence in Nepal’s trademark regime. For local businesses, it serves as a reminder to conduct careful trademark clearance and avoid adopting marks that may infringe or ride on the reputation of well-known international brands.

Overall, the recognition of Hilton as a well-known mark in Nepal marks a progressive step in aligning Nepal’s trademark practice with international norms and safeguarding the integrity of famous global brands.

Hilton Worldwide Manage Limited was represented by Apex Law Chaamber before DOI.