In Nepal, trademark owners are legally entitled to protect their marks from unauthorized use, imitation, or duplication. Infringement occurs when a registered or well-known trademark is used without authorization in connection with goods or services, causing confusion in the market.
Trademark enforcement includes civil remedies, criminal prosecution, and administrative measures. The cease-and-desist notice is often the first step, serving as a formal demand to halt infringing activities before pursuing litigation or administrative complaints.
The following legal instruments form the framework for trademark enforcement in Nepal:
Patent, Design and Trademark Act, 2022 – defines trademarks, infringement, and remedies.
National Civil Code, 2074 – provides civil remedies, including injunctions and damages.
Customs Act, 2064 – restricts the import/export of infringing goods.
Consumer Protection Act, 2075 – protects consumers against deceptive use of trademarks.
Black Marketing and Other Social Offences Act, 2032 – penalizes counterfeiting and false labeling.
Key authorities responsible for enforcement include:
Department of Industry (DOI) – registration, oppositions, cancellations, administrative orders.
District and High Courts – civil and criminal adjudication.
Customs Authorities – detention of infringing goods.
Police and Public Prosecutors – criminal enforcement.
Trademark protection in Nepal applies to:
Registered trademarks used for goods or services.
Well-known trademarks, even without local registration.
Exceptions include fair use, descriptive use, and prior legitimate use.
To seek remedies:
Be a registered owner or owner of a well-known trademark.
Demonstrate unauthorized use or likelihood of confusion.
Provide evidence of use and reputation in Nepal.
Before filing a complaint or sending a cease-and-desist notice, prepare:
Trademark registration certificate or proof of well-known status.
Draft cease-and-desist notice.
Evidence of infringement (labels, ads, packaging).
Business records supporting claims for damages or profits.
Chronology of infringement events.
Power of attorney if represented by an attorney.
Conduct a trademark search.
Assess infringement risk and market confusion.
Draft and send notice demanding immediate cessation.
Specify a response deadline (7–15 days).
File complaint with evidence.
DOI may issue interim orders or temporary relief.
File a suit for injunctions, damages, and account of profits.
Courts may grant preliminary injunctions.
File complaints with police or DOI for prosecution of counterfeiting or deceptive practices.
Authorities may conduct investigations and raids.
No specific capital, office, or operational requirements are needed to enforce trademarks. Legal representation and formal documentation are necessary.
| Component | Indicative Cost |
|---|---|
| DOI administrative complaint | Variable |
| Court filing fees | As per civil procedure regulations |
| Legal counsel fees | Market-dependent |
| Evidence/expert fees | Case-specific |
| Civil damages | Determined by court |
| Criminal fines | Up to NPR 100,000 per case |
Note: Fees are subject to change.
| Stage | Duration |
|---|---|
| Cease-and-desist notice | 1–2 weeks |
| DOI administrative process | 8–14 months |
| Civil litigation | 1–3+ years |
| Criminal proceedings | Variable |
| Appeals | Additional years |
Follow court or DOI orders.
Maintain records of compliance.
Update DOI records.
Monitor the market to prevent repeat infringement.
Foreign entities can enforce trademark rights if:
The trademark is registered or well-known in Nepal.
Local legal representation is appointed.
There are no special foreign investment restrictions for enforcement.
Contact DOI with application/registration number.
Monitor official DOI bulletins.
Attorneys can conduct status checks on behalf of clients.
Attorneys can:
Conduct searches and clearance analysis.
Draft and serve cease-and-desist notices.
File DOI complaints and civil suits.
Represent clients in court and administrative proceedings.
Liaise with customs and enforcement agencies.
1. Can I send a cease-and-desist notice before registration?
Yes, but registration strengthens enforcement.
2. What remedies are available?
Injunctions, damages, seizure/destruction of infringing goods, fines, and criminal prosecution.
3. How long does litigation take?
Civil cases usually take 1–3+ years depending on complexity.
4. Is an unregistered trademark protected?
Well-known marks may receive limited protection. Registered marks are stronger.
5. Can customs authorities help?
Yes, they can detain infringing imports or exports.
This article is for informational purposes only and does not constitute legal advice. For specific cases regarding trademark infringement or cease-and-desist procedures in Nepal, consult a qualified attorney licensed in Nepal
February 02, 2026 - BY Admin