In a significant development in Nepalese trademark jurisprudence, the Department of Industry (DoI), Nepal, has formally recognized “TikTok” as a famous trademark, elevating it beyond the status of a well-known mark. This determination was made in TikTok Information Technology UK Limited v. C.G. Foods (Nepal) Pvt. Ltd., a trademark opposition proceeding concerning the attempted registration of the mark “Tic Toc” for instant noodles under Class 30.
The decision reinforces the expanding scope of trademark protection in Nepal, particularly for globally reputed brands, and underscores the increasing alignment of Nepalese trademark law with international intellectual property norms.
The DoI observed that TikTok’s extensive global use, multinational registrations, and substantial reputation had established a level of public recognition sufficient to qualify it not merely as a well-known mark, but as a famous trademark. The Department expressly held that TikTok’s goodwill and distinctiveness extend beyond the specific classes in which it is registered in Nepal, namely Classes 42, 41, 38, 35, and 45.
Rejecting the respondent’s argument that the parties operated in unrelated fields, the DoI emphasized that dissimilarity of goods or services does not preclude infringement where a famous mark is concerned. The attempted registration of “Tic Toc” was found to constitute an imitation capable of diluting the distinctive character and reputation of the “TikTok” mark, thereby creating an impermissible association in the minds of consumers.
The decision was grounded in Sections 16 and 18(1) of the Patent, Design and Trademark Act, 1965, which prohibit the registration of marks that are deceptively similar to existing registered or reputed trademarks. Importantly, the DoI also relied upon Article 6bis of the Paris Convention and Article 16.3 of the TRIPS Agreement, both of which mandate enhanced protection for well-known and famous marks, including protection against dilution and unfair advantage.
Further, the Department drew guidance from established jurisprudence of the Supreme Court of Nepal, reaffirming that trademarks serve not only as indicators of origin but also as repositories of commercial goodwill deserving of heightened legal protection.
This decision carries far-reaching implications for trademark owners and applicants in Nepal. It confirms that:
Famous trademarks enjoy cross-class protection, irrespective of the nature of goods or services
Likelihood of dilution or reputational harm is sufficient to deny registration of a similar mark
Global reputation and prior international recognition are persuasive factors before Nepalese authorities
The DoI’s recognition of TikTok as a famous trademark marks a progressive shift in Nepal’s trademark enforcement landscape. It sends a clear signal that Nepalese authorities are prepared to extend robust protection to globally renowned brands and to prevent opportunistic attempts to capitalize on their reputation. For brand owners, the decision underscores the strategic importance of asserting reputation-based rights in opposition and cancellation proceedings in Nepal.
TikTok was represented by Apex Law Chamber at the DOI.