Similar trademarks

This is not only a matter of citizens' health and encouraging real investors, it is also a question of intellectual property. It is the responsibility of the state to protect it. Whether or not a complaint is filed, the regulatory body should continuously monitor design and trademark theft.

Ashad 12, 2082

Editorial

Similar trademarks

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People get attached to the things they are using regularly, have faith in the quality, get used to it. So the consumer demands the goods from the seller by specifying the name and pays the price. But the consumer may not always get what he is looking for.

Because the purpose, name, design of the name, apart from the bottles used for packaging, the pictures used in them, the colors are the same, many items are available in the Nepali market. The spread of such goods and services is seen especially in the less literate areas about trademarks. As a result, most of the time, without knowing it, and in some cases even knowing it, the consumer is deceived.

This is simultaneously harming the health of consumers, the morale of organizations that produce quality goods, and the investment environment. This trend is not limited to food products but has spread from various goods for personal, household or community purposes to the service sector. Therefore, the government needs to make its role effective in protecting genuine trademarks and discouraging 'fake' trademarks. For that, a policy should be taken to increase trademark awareness among citizens from legal action.

There are drinks with almost the same taste like Club Cola, Chiso Cola and Chill Cola with names similar to Coca-Cola bottles, which are also known in the international market. Similarly, similar to Mountain Dew, Monsoon Dew and Maintain Dew are also available in the market. Fancy and Fantu are also found similar to Fenta. Similar to Red Bull, Red Blue and Red Rhino are also available in the market.

Regarding trademark imitation and disputes, the volume and nature of the complaints received in the bench led by the director general of the industry department also shows the spread of the trend of 'imitation'. Complaints have been filed against Tensberg which looks like Carlsberg beer, Mankamana against Nimbu Fresh which looks like Nimbu water, nine o'clock rice producers have filed a complaint against the production of nine o'clock rice. According to the

department, only 1,893 complaints have been filed since August 2068. But only 209 of them have been decided. Disputes have been increasing in recent years and about 500 complaints are filed annually. Complaints should be addressed as soon as possible. In order to prevent new disputes from arising, the relevant laws should be strictly enforced.

Food trademarks are often disputed. Therefore, it is directly related to the health of consumers. It is the customer's right to get quality service after paying the specified price. A well-known trademarked product is guaranteed quality, and they are also responsible for it. They are spent on advertising for the purpose of informing consumers about the product.

s are spent on 'research' to develop new technologies to know the changes in consumer interest. For all these reasons, the products of the respective trademarks win the trust of the consumers. Overall, due to hard work, such a trademark is known among the consumers.

On the other hand, the main purpose of a 'fake' trademark is to exploit the fake's popularity, lure consumers and earn profits with less effort. So the very purpose of such products is based on wrong foundation. So the quality of the trademarked product is not guaranteed. The cost of such items is also reduced. Diffusion is also easy. But it can harm the health of consumers.

It is imperative for Nepali society to attract reliable investors for rapid economic growth and job creation. For that, it is necessary to encourage internationally known brands to increase investment in Nepal. When such investors enter, it becomes easier for others to enter. At the same time, the real investors of Nepal are also encouraged. But investors can become discouraged when the products are marketed together with trusted brands.

For those who operate according to the rules and are conscious of the quality of their products, fake trademarks can disturb them. It is time for them to think about the expansion of their industry and increase their investment. It is certain that even entrepreneurship cannot flourish in such an environment. It mainly leads to investment and production in the wrong direction. 

Trademark copying is intellectual theft but there is a lack of adequate laws to control counterfeit trademarks. So that the copycats do not come under immediate action. However, the 'Patent Design and Trademark Act, 2022' is operative in Nepal. It has provisions from trademark registration to cancellation. Therefore, entrepreneurs should try to take advantage of this Act.

The Department of Industry has the right to look into the issue of fake trademarks in Nepal. But this issue is not resolved in the department for years. For example, the Coca-Cola Company filed a complaint against Manakamana Food and Beverages, a Chilcola producer, in the Department of Industry on 7 August 2080, but the hearing and decision has not yet been completed.

Similarly, the complaint filed by Singapore Beverages Nepal, producer of lemon water, against Manakamana Fruit and Beverage Pvt Ltd, producer of lemon fresh, on 1 August 2080 has not been heard. Since August 2068, only 1,893 complaints have been filed, but only 209 have been decided, which shows the delay in the hearing process. The longer a hearing is delayed, the greater the incentive for those acting with ulterior motives.

This is not only a matter of encouraging citizens' health and real investors, but also of intellectual property . It is the responsibility of the state to protect it.  Whether or not a complaint is filed, the regulatory body should continuously monitor design and trademark theft.

culprits should also be punished. Citizens should also be aware of why it is necessary to be aware of the quality, whether they have received the item they wanted to buy or not. The government should take action against the businessmen/traders/retail shops who give other goods of the same trademark without giving the specified goods. Public awareness should be raised in this regard.

Editorial

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