Trademark Registration in Nepal

What Is Trademark Registration in Nepal?

Trademark registration in Nepal is the legal process through which exclusive rights are obtained over distinctive signs, words, symbols, logos, or combinations thereof used to identify goods or services. The Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies administers this process under the Patent, Design and Trademark Act, 1965 (2022 B.S.).

Without registration, no legal protection is conferred upon brand identity. Unregistered marks cannot be enforced against infringement, and competitors may freely adopt similar branding. Registration provides statutory exclusivity for 7 years from the date of registration, with indefinite renewal possibilities.

The legal framework mandates that trademarks must be distinctive, capable of graphical representation, and not deceptive or offensive to public morality. Nepal follows the Nice Classification System comprising 45 classes — 34 for goods and 11 for services — ensuring alignment with international trademark practices.

Legal Framework Governing Trademark Registration

The trademark registration Nepal process operates under comprehensive legislation:

Section 18 of the Act specifies that trademarks damaging reputation, public morality, national interest, or existing goodwill shall be refused registration. Furthermore, Section 18B prohibits use of unregistered marks as registered trademarks, while Section 18C mandates use within 1 year of registration to avoid cancellation.

Nice Classification System in Nepal

Nepal applies the international Nice Classification for trademark categorization:

Key classifications for common businesses:

• Class 35: Advertising, business management, retail services
• Class 9: Software, electronics, scientific apparatus
• Class 25: Clothing, footwear, headgear
• Class 41: Education, training, entertainment
• Class 42: Scientific and technological services

Each class requires separate application and fees. Multi-class applications are permitted but fees multiply accordingly.

Step-by-Step Trademark Registration Process

The trademark registration process Nepal involves systematic stages:

Phase 1: Trademark Search (Optional but Recommended)

Prior to application, a trademark search should be conducted at DOI to identify conflicting marks. While not mandatory, this reduces opposition risks and application rejection. Searches can be performed by:

• Name (word marks)
• Sign (device marks)
• Class (Nice classification)
• Type (national or foreign marks)

Search fees range from NPR 500-2,000 depending on complexity.

Phase 2: Application Preparation and Filing

The application must include:

• Completed Form 1 (Schedule 1)
• Four copies of trademark representation (5cm x 5cm, JPEG/PNG format)
• Detailed specification of goods/services with class codes
• Applicant identification (citizenship/passport/company registration)
• Power of Attorney (if filed through agent)
• Priority documents (for convention applications)

Filing methods:

• Direct submission at DOI, Tripureshwor, Kathmandu
• Postal submission to DOI address
• Online portal (limited functionality as of 2025)

Phase 3: Formal and Substantive Examination

DOI conducts dual examination:

1. Formal examination: Document completeness, fee payment verification
2. Substantive examination: Distinctiveness assessment, conflict checking with prior marks, compliance with Section 18 prohibitions

Examination typically requires 3-6 months. Objections, if raised, must be responded to within prescribed timelines.

Phase 4: Publication in Industrial Property Bulletin

Upon examination approval, the trademark is published in the Industrial Property Bulletin (issued quarterly). This publication initiates the 90-day opposition period during which third parties may challenge registration.

Phase 5: Opposition Period (90 Days)

Any person may file opposition within 90 days from publication date on grounds including:

• Prior rights or conflicting marks
• Bad faith filing
• Non-distinctiveness
• Violation of public morality

Opposition proceedings involve:

• Notice of opposition submission
• Counter-statement by applicant (21 days)
• Evidence submission by both parties
• Hearing (if required)
• DOI decision

Phase 6: Registration and Certificate Issuance

If no opposition is filed or opposition is resolved favorably, the trademark proceeds to registration. Upon payment of the registration fee of NPR 5,000, DOI issues the Certificate of Registration in Schedule 2(c) format.

Total Timeline: 6-18 months depending on examination complexity and opposition status.

Complete Fee Structure for Trademark Registration

Note: Fees are non-refundable if application is rejected. Additional costs apply for multi-class applications, opposition proceedings, and document legalization.

Documentation Requirements Checklist

For Individual Applicants:

• Completed application form with signature
• Clear trademark representation (4 copies, 5cm x 5cm)
• Citizenship certificate copy (Nepali nationals)
• Passport copy (foreign nationals)
• Power of Attorney (if using agent)
• Proof of business registration (if applicable)

For Company Applicants:

• Company registration certificate (OCR)
• Board resolution authorizing trademark application
• Memorandum and Articles of Association
• PAN/VAT registration certificate
• Authorized signatory identification
• Power of Attorney for representative

For Foreign Applicants:

• Certificate of incorporation (home country)
• Notarized and legalized Power of Attorney for local agent
• Home country trademark registration (if applicable)
• Priority claim documents with certified translation
• Valid address for service in Nepal
• Proof of business activities or intention to use

Trademark Renewal and Maintenance

Trademark renewal Nepal is mandatory to maintain protection:

Renewal Process:

1. Submit renewal application to DOI
2. Provide original registration certificate or certified copy
3. Pay renewal fee and penalty (if applicable)
4. DOI examination and renewal grant

Failure to renew results in automatic cancellation and loss of exclusive rights. The mark becomes available for third-party registration.

Post-Registration Compliance Obligations

Registered trademark owners must comply with:

Use Requirements:

• Section 18C mandates use within 1 year of registration
• Non-use for 1 year makes marks vulnerable to cancellation
• Evidence of use must be submitted when requested by DOI

Monitoring and Enforcement:

• Market surveillance for infringement
• Opposition to conflicting applications
• Legal action against unauthorized use
• Recordal with customs for border protection

Record Maintenance:

• License agreements registration (Section 21D)
• Assignment documentation
• Address updates with DOI
• Renewal tracking

Trademark Infringement and Legal Remedies

Infringement under Section 29 includes:

• Unauthorized use of identical marks for identical goods
• Similar marks causing confusion
• Use in advertising without consent
• Importing infringing goods
• Domain name violations

Legal Remedies Available:

International Considerations

Foreign Applicants:

• Must appoint local agent through notarized Power of Attorney
• Can claim priority under Paris Convention within 6 months of first filing
• Home country registration certificate facilitates streamlined processing
• Nepal is not a Madrid Protocol member — direct filing required

Key International Treaties:

• Paris Convention (1883): Priority rights, national treatment
• TRIPS Agreement: Minimum IP protection standards
• WIPO Membership: International cooperation framework

Recent Regulatory Updates (2025)

The DOI issued a critical notice on 19 August 2025 requiring:

Pending Applications:

• Submission of outstanding documents by 16 November 2025
• Applications pending over 7 years face automatic cancellation
• Registration certificates must be collected within 90 days

Registered Marks:

• Evidence of use submission recommended within 60 days of notice
• Proactive compliance encouraged to avoid future objections
• Paris Convention allows 3-year evidence submission for foreign marks

Frequently Asked Questions (FAQs)

How long does trademark registration take in Nepal?

The process requires 6-18 months from application to certificate issuance, assuming no oppositions or objections. Examination takes 3-6 months, publication 90 days, and final registration 1-2 months.

What is the total cost for trademark registration?

Government fees total NPR 6,000 per class (NPR 1,000 application + NPR 5,000 registration + NPR 500 publication). Professional services add NPR 8,000-50,000 depending on complexity.

Can foreigners register trademarks in Nepal?

Yes. Foreign applicants must appoint a local agent through notarized Power of Attorney and provide a valid Nepal address for service. Priority can be claimed under the Paris Convention.

How long is a trademark valid in Nepal?

Registration remains valid for 7 years from the registration date. Indefinite renewals are permitted for successive 7-year terms upon payment of renewal fees.

What happens if someone opposes my trademark application?

Opposition must be filed within 90 days of publication. The applicant receives notice and 21 days to submit a counter-statement. Evidence is exchanged, hearings may be held, and DOI issues a decision. Successful opposition prevents registration.

Can I register the same trademark in multiple classes?

Yes. Separate applications and fees are required for each class under the Nice Classification system. Multi-class filing is permitted but fees multiply accordingly.

What are grounds for trademark refusal?

DOI may refuse marks that:

• Damage reputation of persons/institutions
• Contradict public morality or national interest
• Damage goodwill of existing marks
• Are already registered by others

Is trademark search mandatory before filing?

No, but highly recommended. Search fees are NPR 500-2,000 and help identify conflicts, reducing rejection and opposition risks.

What is the penalty for late trademark renewal?

Renewal within the 35-day window costs NPR 5,000. Late renewal within the 6-month grace period requires an additional NPR 1,000 penalty. Beyond 6 months, re-registration is required.

Can unregistered trademarks be protected?

Limited protection exists through passing off actions if the mark has acquired reputation. However, statutory enforcement requires registration under the PDTA.

Why Choose Corporate Np for Trademark Registration

Navigating the trademark registration Nepal process requires specialized intellectual property expertise and meticulous documentation compliance. Corporate Np provides comprehensive trademark services including:

• Pre-filing trademark search and availability analysis
• Nice classification guidance and multi-class strategy
• Complete documentation preparation and filing
• DOI examination response and objection handling
• Opposition proceedings representation
• Renewal management and portfolio maintenance
• Infringement monitoring and enforcement support

Our legal team ensures your trademark application meets all statutory requirements under the Patent, Design and Trademark Act, minimizing rejection risks and processing delays. Contact Corporate Np today to secure your brand identity in Nepal.

Important Disclaimer

This content is prepared for informational and educational purposes only. It does not constitute legal advice. Trademark laws and DOI procedures are subject to frequent amendments. Always verify current requirements with the Department of Industry or qualified intellectual property counsel before initiating the registration process. The information presented reflects regulations as of March 2026 and may not capture recent regulatory changes.

Resources

• Department of Industry Nepal - Primary trademark registration authority
• Patent, Design and Trademark Act, 1965 - Governing legislation
• WIPO Nepal IP Information - International treaty compliance
• Office of Company Registrar Nepal - Company incorporation requirements
• Inland Revenue Department Nepal - Tax registration requirements
• Ministry of Industry, Commerce and Supplies - Policy oversight
• Paris Convention for Protection of Industrial Property - International priority rights