A trademark in Nepal is defined as a word, symbol, picture, or combination thereof used by a firm, company, or individual to distinguish their products or services from others, as per Section 2(c) of the Patent, Design and Trademark Act, 2022 (1965) (PDTA). Trademark registration in Nepal is governed by the PDTA and administered by the Department of Industry (DOI) under the Ministry of Industry, Commerce, and Supplies.

The trademark registration process in Nepal typically takes 12 to 36 months if no oppositions or objections arise. Below is a step-by-step guide:

Types of Trademarks Registrable in Nepal

• Word Marks (brand names, slogans)
• Device Marks (logos, symbols)
• Combined Marks (word + design)
• Service Marks (service-oriented businesses)
• Collective and Certification Marks

Step 1: Trademark Search (Optional but Recommended):

• Conduct a search at the DOI to check for existing similar or identical trademarks to avoid conflicts. This helps assess the likelihood of successful registration. Search fees may apply; though specific costs are not standardized.

Note: Searches for figurative elements (logos) are not available; only verbal elements are searchable.

Step 2: Preparation of Application:

• Complete the trademark application form (Schedule 1C of the PDTA) with details of the applicant, trademark description, and goods/services covered.
• Specify the trademark class(es) under the Nice Classification system (Classes 1–34 for goods, 35–45 for services). Nepal allows multi-class applications, with separate fees per class.
• Prepare eight identical copies of the trademark design or logo in the required format and size.
• For foreign applicants, a power of attorney and a certified copy of the home registration certificate (if applicable) are required

Step 3:  Filing the Application:

• Submit the application, documents, and fees to the DOI in Tripureshwor, Kathmandu. Foreign applicants must file through a licensed Nepali trademark agent.
• Pay the application fee of NPR 1,000 per trademark class.
• Obtain an acknowledgment receipt from the DOI.

Step 4:   Examination:

• The DOI conducts a formal examination (3–4 months) to verify compliance with filing requirements and classification accuracy.
• A substantive examination checks for distinctiveness, potential deceptiveness, and conflicts with existing trademarks. For foreign trademarks, examination may be waived if a home registration certificate is provided.
• If objections arise, the applicant can respond with arguments or amendments within a stipulated period.

 

Step 5:  Publication:

• If approved, the trademark is published in the Intellectual Property Bulletin for public review. Third parties can file oppositions within 90 days.
• Opposition fees are NPR 1,000.
• If no opposition is filed or oppositions are resolved in the applicant’s favor, the process proceeds.

Step 6:  Registration and Certification:

• Pay the registration fee of NPR 5,000 per trademark.
• The DOI issues a Trademark Registration Certificate, valid for 7 years from the filing date.
• The applicant can use the ® symbol once registered.

Registration Fees (updated as per 2025)

Fee Type	Amount (NPR)
Application Fee (per class)	1,000
Registration Fee (per trademark)	5,000
Renewal Fee (every 7 years)	3,500
Amendment Fee	500
Transfer Fee	2,000
Opposition/Complaint Fee	1,000
Certified Copy of Certificate	1,000
Information Request Fee	500
Late Renewal Penalty	1,000

Notes:

• Fees are subject to change; verify with the Department of Industry (DOI).
• Additional costs may include professional fees (NPR 15,000–50,000), translation, and notarization for foreign applicants.

 

 

Required Documents (updated as per 2025)

Documents	Description
Application Form	Completed trademark application form (Schedule 1C of the PDTA) with details of the applicant, trademark description, and goods/services classification under the Nice Classification system.
Trademark Specimens	Eight identical copies of the trademark (logo/design) in the required format and dimensions specified by the Department of Industry (DOI).
Company Registration Certificate	Notarized copy of the company registration certificate (for business applicants), proving the legal entity’s registration in Nepal or home country.
Memorandum of Association (MOA)	Notarized copy of the MOA, outlining the company’s objectives (for business applicants).
Articles of Association (AOA)	Notarized copy of the AOA, detailing the company’s operational rules (for business applicants).
PAN/VAT Certificate	Copy of the Permanent Account Number (PAN) or Value Added Tax (VAT) certificate (for business applicants in Nepal).
Power of Attorney	Signed, sealed, notarized, and attested by two witnesses, authorizing a trademark agent to act on behalf of the applicant (mandatory for foreign applicants or if filed through an agent).
Authorization Letter	Letter authorizing a representative to act on behalf of the applicant, if applicable.
Priority Documents	Certified copy of the priority application (if claiming Paris Convention priority within 6 months), along with a certified English translation if not in English.
Home Registration Certificate	Notarized copy of the trademark registration certificate from the applicant’s home country (for foreign trademarks, to simplify examination).
Citizenship Certificate	Copy of the citizenship certificate (for individual applicants in Nepal).

Notes:

• Documents in languages other than Nepali or English require certified translations and notarization.
• Foreign applicants must file through a licensed Nepali trademark agent.
• Verify requirements with the Department of Industry (DOI) as they may vary slightly based on specific cases.

Validity and Renewal

• A registered trademark is valid for 7 years from the filing date and can be renewed indefinitely for successive 7-year periods.
• Renewal applications must be filed within 35 days before expiry, with a grace period of 6 months upon payment of a NPR 1,000 penalty. Failure to renew results in cancellation.
• Renewal fee: NPR 3,500 per trademark.
• Non-use of a trademark for 1-year post-registration may lead to cancellation.

Grounds for Refusal

The DOI may refuse registration if the trademark:

• Is already registered or conflicts with existing marks.
• Lacks distinctiveness or is descriptive/generic.
• Is deceptive or likely to mislead the public.
• Damages reputation, public morality, or national interest.
• Uses religious symbols, national emblems, or prohibited signs.
• Has incomplete documentation or incorrect classification.

“Applicants can appeal refusals to the High Court within 35 days.”

Additional Notes

• Foreign Trademarks: Must be registered in Nepal for protection, even if well-known. A home registration certificate simplifies the process. Paris Convention priority can be claimed within 6 months.
• Infringement Penalties: Unauthorized use of a registered trademark can lead to fines up to NPR 100,000, confiscation of goods, and civil damages.
• Multi-Class Applications: Allowed, but separate fees apply per class.
• Electronic Filing: Not available; applications must be filed physically.

 

 

 

 

 

 Benefits of Trademark Registration:

• Exclusive Rights: Legal right to use the trademark in connection with goods/services.
• Legal Protection: Prevents unauthorized use or infringement by others.
• Brand Recognition: Builds identity, reputation, and consumer trust.
• Asset Creation: Registered trademarks are intangible assets and can be sold, licensed, or franchised.
• Enforcement Power: Allows you to take legal action against counterfeiters.

DISCLAIMER:
“The information provided in this blog is for general informational purposes only. While we strive to keep the content accurate and up to date, procedures, requirements, and government regulations may change over time.”