4.4 Subsistence, Ownership, and Term of Trademark

Subsistence: the registration system (application → examination → publication → opposition → registration at the Department of Industry), with the passing-off action protecting unregistered reputations through the courts (the common-law twin the Nepali practice knows). Ownership: the registrant's rule (the first-to-file discipline), tempered by the prior-user-and-honest-concurrent-use faces; the assignment-with-goodwill and the licensing machinery of U3.4; the recordal's discipline (the register's entry as the public's notice). Term: the renewable registration — an initial period with renewals per the Act's terms: the mark's potentially perpetual life while renewed (the patent's fixed twenty years' contrast — the exam's favourite comparison). The prescribed Nepali cases' windows: Suresh Chandra Agrawal vs. Dept. of Industries, NKP 2049 B.S., Issue 8, D.No. 4606, p. 791 — the early registration-era dispute (read the report and cite verbatim with the syllabus's citation); Nurpratap Rana vs. Department of Industries, NKP 2062 B.S., Number 5, D.N. 7536, p. 539 — the Department-and-applicant dispute of the modern era (read the report and cite verbatim with the syllabus's citation).