Generally the trademark infringement occurs in three ways.
a. Trademark Piracy:
Generally trademark piracy means the registration or used of a well-known foreign trademark that is not registered in the country or is invalid as a result of non-use.
b. Counterfeiting:
Trademark counterfeiting is a particularly egregious form of trademark infringement. It entails intentional, knowing use of a spurious mark which is identical with a registered mark, on the same kind of goods or services for which the mark is registered. In other word, Counterfeiting is first of all the imitation of a product. The counterfeit is not only identical in the generic sense of the term. It also gives the impression of being the genuine product originating from the genuine manufacturer.
c. Imitation of labels and packaging:
Instead of developing at his own expense a label and packaging with an image of his product. The imitator/infringer tries to take advantage of the reputation of the competing product by giving his product an appearance so similar to it that confusion arises in the marketplace.
Available Remedies for Trademark infringement in Nepal are:
Civil Remedy:
i) Injunction to restrain other from using the mark
ii) to claim damages or an account for profit
iii) Seizure of the counterfeited goods for destruction
iv) Penalty for these offences up to NPR 100000.