Trademark opposition in Nepal is a statutory legal mechanism that allows any interested party to formally object to the registration of a trademark published by the Department of Industry (DOI). The purpose of trademark opposition is to prevent the registration of marks that are identical or deceptively similar to existing trademarks, contrary to law, misleading to consumers, or detrimental to public interest.
Under Nepali intellectual property law, trademark rights are primarily acquired through registration. However, before final registration, the law provides a limited window during which third parties may challenge the application. The trademark opposition procedure plays a crucial role in safeguarding brand identity, preventing unfair competition, and ensuring compliance with trademark law in Nepal.
The trademark opposition procedure in Nepal is governed by the following legal instruments:
| Legal Instrument | Relevant Provisions |
|---|---|
| Patent, Design and Trademark Act, 2022 (1965) | Sections relating to trademark registration, publication, objection, and cancellation |
| Patent, Design and Trademark Rules, 2023 (1966) | Procedural rules on filing oppositions, hearings, and decisions |
| Industrial Policy of Nepal (latest version) | Policy framework supporting IP protection |
| International Conventions | Paris Convention (as applicable through domestic practice) |
The following authority is responsible for administering trademark opposition proceedings in Nepal:
Department of Industry (DOI)
Ministry of Industry, Commerce and Supplies
Intellectual Property Section (Trademark Registry)
The DOI examines trademark applications, publishes them for opposition, conducts hearings, and issues decisions on opposition matters.
Trademark opposition is a formal legal objection filed against a published trademark application before its final registration.
An opposition may be filed on grounds such as:
Identical or confusingly similar to an existing registered or prior-used trademark
Lack of distinctiveness
Deceptive or misleading nature
Contrary to public morality or public order
Filed in bad faith
Violation of existing legal rights (copyright, trade name, geographical indication, etc.)
The following persons or entities are eligible to file a trademark opposition in Nepal:
Registered trademark owners
Prior users of an unregistered trademark
Companies or individuals with a legitimate commercial interest
Foreign trademark owners (through authorized local agents)
There is no nationality restriction, provided procedural requirements are met.
To file a trademark opposition, the following documents are generally required:
Notice of opposition stating legal grounds
Power of Attorney (if filed through a law firm or agent)
Copy of the opposed trademark publication
Evidence of prior use or registration (certificates, invoices, advertisements, etc.)
Company registration documents (for corporate opponents)
Identity documents (for individual opponents)
After preliminary examination, the DOI publishes the trademark in the Industrial Property Bulletin.
Opposition must be filed within 90 days from the date of publication.
Late oppositions are not entertained.
The opponent may submit supporting evidence along with or after filing the notice, as directed by DOI.
The trademark applicant is given an opportunity to submit a written response.
DOI may conduct hearings where both parties present arguments.
The DOI may accept or reject the opposition.
If opposition is upheld, the trademark application is refused.
Not applicable. Trademark opposition proceedings do not require capital investment, office setup, or operational infrastructure.
Government fees for trademark opposition in Nepal are relatively nominal but subject to revision.
| Particulars | Approximate Fee (NPR) |
|---|---|
| Filing trademark opposition | NPR 1,000 – 2,000 |
| Power of Attorney registration | NPR 10 |
| Hearing-related fees | As prescribed |
Note: Government fees may change without prior notice.
| Stage | Estimated Duration |
|---|---|
| Publication of trademark | After examination |
| Opposition filing window | 90 days |
| Exchange of documents | 1–3 months |
| Hearing and review | 2–4 months |
| Final decision | 6–12 months (approx.) |
Monitoring DOI decisions and deadlines
Filing appeals, if required
Maintaining evidence records
Updating trademark portfolio strategy
Foreign individuals or companies may file trademark oppositions in Nepal through:
A locally registered agent or law firm
Properly executed Power of Attorney
There is no requirement for local incorporation to oppose a trademark.
Trademark opposition status can be checked by:
Visiting the Department of Industry (DOI) in person
Reviewing the Industrial Property Bulletin
Engaging a legal representative to follow up with the Trademark Registry
Currently, Nepal does not provide a fully digitized online tracking system for opposition cases.
Attorney Nepal Law Firm in Nepal provides end-to-end legal assistance in trademark opposition matters in Nepal, including:
Trademark watch and risk assessment
Drafting and filing notices of opposition
Evidence preparation and legal submissions
Representation before the Department of Industry
Strategic advice for domestic and foreign clients
1. What is the deadline for filing a trademark opposition in Nepal?
Trademark opposition must be filed within 90 days from the publication date.
2. Can a foreign company oppose a trademark in Nepal?
Yes, through a local authorized agent or law firm.
3. Is trademark opposition mandatory before cancellation?
No. Opposition is pre-registration; cancellation applies to registered trademarks.
4. Can an unregistered trademark owner file opposition?
Yes, based on prior use and goodwill.
5. Is DOI’s opposition decision final?
The decision may be challenged before the appropriate appellate authority as per law.
This article is intended for general informational purposes only and does not constitute legal advice. Trademark laws, procedures, and government fees in Nepal are subject to change. Readers are advised to seek professional legal consultation before taking any action based on this information.
February 02, 2026 - BY Admin