Trademark protection in Nepal provides exclusive legal rights to distinctive signs used to identify and distinguish goods or services in the marketplace. Nepal’s trademark framework incorporates the internationally recognized Nice Classification System a hierarchical classification of goods (Classes 1‑34) and services (Classes 35‑45) for registration purposes. Nepal’s adoption of the Nice Classification ensures alignment with global trademark practices and assists businesses in defining the scope of protection for their brands in Nepal.
Trademark registration is mandatory for legal protection — mere use of a mark does not confer enforceable rights under Nepalese law without registration.
Legal Basis Under Nepali LawThe principal legal instrument governing trademarks in Nepal is the Patent, Design and Trademark Act, 2022 (PDTA) administered by the Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies. This Act outlines the requirements, classification, procedures, rights, and obligations associated with trademark registration and protection.
Key statutory provision on classification:
Section 18A of the PDTA empowers the Government of Nepal to publish classification of goods and services applicable for trademark registration.
Department of Industry (DOI) – Primary authority for trademark application filing, examination, publication, opposition, and registration.
Ministry of Industry, Commerce and Supplies – Oversight of DOI operations and policy implementation.
Judicial Bodies – District Courts, Appellate Courts, and Supreme Court for appeal against DOI decisions.
Trademark: Any distinctive sign including word(s), logo, symbol, or combination thereof used to distinguish goods or services of one business from another.
Classification: Trademarks must be applied for under appropriate Nice Classification classes — 45 in total, with separate fees required for each class applied.
Scope:
Registration confers exclusive rights to use the mark for specified goods/services in Nepal.
Protection is limited to the classes declared in the application.
An applicant must meet the following criteria to file a trademark application in Nepal:
Legal identity: Individual, partnership, company, association, or foreign entity.
Business interest: Genuine intention to use the trademark in connection with the specified goods/services.
Distinctiveness: The trademark must be capable of distinguishing goods/services from others.
Classification: Correct identification of classes under the Nice Classification system.
Representative requirement: Foreign applicants must appoint a local agent with a notarized Power of Attorney.
A typical trademark application file includes:
Completed trademark application form (Form 1)
Clear representation of the trademark (JPEG/PNG)
List of goods/services with corresponding Nice Classification class codes
Proof of applicant identity (citizenship/passport or incorporation certificate)
Business registration certificate
Power of Attorney (if filed through agent)
Priority document (if claiming priority from an earlier foreign filing)
1. Trademark Search (Optional but Recommended)
Conduct a preliminary search to check for identical or similar registered marks to reduce risks of refusal or opposition.
2. Application Filing
Submit the application with prescribed fees to the Department of Industry, specifying class(es) under the Nice Classification.
3. Formal & Substantive Examination
DOI examines compliance with statutory requirements and conducts conflict checks. Objections may be issued requiring a response within a set period.
4. Publication
Once accepted, the application is published in the Industrial Property Bulletin (Gazette) for an opposition period, typically 90 days.
5. Opposition Period
Third parties may file oppositions on grounds such as likelihood of confusion or bad faith.
6. Registration & Certificate Issuance
If no opposition is filed, or all oppositions are resolved in favor of the applicant, a registration certificate is issued.
Trademark registration in Nepal does not require specific capital, office, or operational setups beyond legal identity and intent to use the trademark in business activities. Proper business registration credentials must be furnished to support the application.
Cost & Government FeesFee structures are periodically revised; the following are commonly applicable government fees (per class):
| Fee Component | Amount (Approx. in NPR) |
|---|---|
| Search Fee (optional) | 500 |
| Application Filing Fee | 1,000 |
| Registration Fee | 5,000 |
| Publication Fee | Varies |
| Renewal Fee (per class) | 5,000 |
| Late Renewal Penalty | 1,000 |
Professional/legal service fees vary based on service provider and complexity.
Estimated Timeline with Stage‑wise BreakdownTrademark registration timelines vary by case. Typical estimates (without opposition):
| Stage | Estimated Duration |
|---|---|
| Preliminary Search | 2–5 days |
| Filing to Examination | 1–2 months |
| Examination | 3–6 months |
| Publication | 90 days |
| Registration Issuance | 1–2 months |
Total: Approximately 6–18 months (longer if oppositions or objections arise).
Post‑Registration Compliance ObligationsOnce a trademark is registered:
Maintain active use in Nepal to avoid potential cancellation.
Renew registration every 7 years by paying renewal fees within the prescribed time.
Monitor third‑party infringement and enforce rights through administrative or judicial mechanisms.
Foreign entities are allowed to apply for trademarks in Nepal.
A local representative/agent is mandatory with a notarized Power of Attorney.
Priority claims may be made if an earlier filing exists in a Paris Convention country.
Foreign applicants must ensure legalization and translation of documents as required.
Trademark status inquiries can be pursued through:
Formal request to the Department of Industry (DOI) registry office
Trademark docket number provided upon filing
Engagement of legal practitioners or agents to access internal DOI status updates
Attorney Nepal provides comprehensive legal support including:
Trademark search and classification guidance
Preparation & filing of applications
Handling responses to office actions and oppositions
Maintenance, renewal, and assignment support
Foreign applicant liaison and compliance
Nepal applies the international Nice Classification system comprising 45 classes — 34 for goods and 11 for services — to categorize trademarks.
Typically 6–18 months depending on examination complexity and oppositions.
No — protection requires local registration; foreign marks are not automatically protected.
Validity is 7 years from registration with indefinite renewals on payment of fees.
Yes, but separate fees are payable for each class in which protection is sought.
Legal DisclaimerThis article is intended for general informational purposes only and does not constitute legal advice. Laws and regulations are subject to change; readers should consult qualified legal professionals for advice pertaining to specific circumstances. None of the statements herein should be construed as legal counsel or a guarantee of outcomes.
February 02, 2026 - BY Admin