A registered trademark is infringed, if a person uses without authorization the identical or confusingly similar Trademark in relation to the goods for which it is registered. Infringement action is possible only for the Registered trademark and in such cases plaintiff has to show the identical or deceptively similar trademark is being used without any authority by the defendant in relation to the goods covered under his registration. No need to show the proof of actual harm or loss to his business is necessary.
The following are the remedies available with respect to protection of trademarks in Nepal –
Civil Action- The competent Courts can be moved for grant of relief of injunction against infringement and/or passing off.
Criminal Proceedings- Criminal complaints can also be filed against persons who have infringed the trademark in Nepal in addition to a civil action.
Administrative Remedies- Administrative Remedies can also be availed by filing an administrative action with the Department of Industry which is a quasi-judicial authority to deal with the matters of trade mark infringement.