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Trademark registration in Nepal provides legal protection to brand names, logos, and symbols under the Patent, Design and Trademark Act, 2022 (1965). The Department of Industry administers the registration process, granting exclusive rights to trademark owners for commercial use and enforcement.
Step-By-Step Process
- Step 1: Conduct trademark search at Department of Industry
- Step 2: Prepare application form and required documents
- Step 3: Submit application with prescribed fees to DOI
- Step 4: Wait for examination and objection clearance
- Step 5: Respond to objections if raised by examiner
- Step 6: Receive registration certificate upon approval
What Is a Trademark Under Nepal Law?
A trademark is a distinctive sign, symbol, word, logo, or combination that identifies and distinguishes goods or services of one business from others in the marketplace. Under Nepali law, trademarks serve as intellectual property assets that receive legal protection once registered with the Department of Industry.
The primary purpose of trademark protection is to prevent unauthorized use of registered marks by competitors and to safeguard consumer interests by ensuring product authenticity. Trademark registration in Nepal creates exclusive rights for owners to use, license, or sell their marks within the country's jurisdiction.
The Patent, Design and Trademark Act, 2022 (1965) governs all aspects of trademark registration in Nepal. This legislation establishes the legal framework for application procedures, examination standards, opposition mechanisms, registration validity, renewal requirements, and enforcement rights for trademark owners throughout Nepal.
Who Can Apply for Trademark Registration in Nepal?
Individual persons who are Nepali citizens or foreign nationals can apply for trademark registration in Nepal. Individuals must provide valid identification documents and proof of their intention to use the trademark in commerce within Nepal or internationally.
Companies, partnerships, and firms registered in Nepal or abroad are eligible to file trademark applications. Corporate entities must submit their registration certificates and authorization documents along with the trademark application to the Department of Industry.
Foreign nationals and foreign companies can apply for trademark registration in Nepal either directly or through authorized local agents. Foreign applicants must appoint a registered trademark agent in Nepal and provide a power of attorney for representation during the registration process.
What Laws Govern Trademark Registration in Nepal?
The legal framework for trademark registration in Nepal includes the following statutes and regulations:
- Patent, Design and Trademark Act, 2022 (1965) – primary legislation governing trademark rights
- Patent, Design and Trademark Rules, 2024 (1967) – procedural regulations for applications
- Industrial Property Rights Policy – national policy framework for intellectual property
- Department of Industry Act – establishes DOI's authority over trademark administration
- Nepal Treaty Act – governs international trademark treaties and conventions
- Copyright Act, 2059 (2002) – complementary protection for creative works
- Consumer Protection Act – prevents misleading trademarks and consumer deception
The Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies serves as the official authority responsible for receiving, examining, and registering trademarks in Nepal. The DOI maintains the national trademark register and enforces compliance with trademark laws.
Where to Apply for Trademark Registration in Nepal?
Trademark applications must be submitted to the Department of Industry, located in Tripureshwor, Kathmandu, Nepal. The DOI serves as the sole government authority responsible for processing trademark registration in Nepal and maintaining the official trademark registry.
The Department of Industry accepts both physical and online filing options for trademark applications. Applicants can visit the DOI office in person to submit paper applications or use the online portal available at https://www.doi.gov.np for electronic filing of trademark registration requests.
Physical applications require submission of completed forms, supporting documents, and prescribed fees at the DOI counter during official working hours. Online applications provide convenience for applicants located outside Kathmandu, allowing digital submission of documents and electronic payment of government fees through the DOI's official website.
What Types of Trademarks Can Be Registered in Nepal?
| Trademark Type | Description | Examples |
|---|---|---|
| Word Mark | Consists of words, letters, numbers, or combinations without special design | Brand names, slogans, product names |
| Device/Logo Mark | Graphical symbols, designs, or images without words | Logos, symbols, pictorial representations |
| Combination Mark | Combines words and graphical elements together | Brand name with logo design |
| Service Mark | Identifies services rather than physical products | Banking services, hospitality brands |
| Collective Mark | Used by members of an association or group | Trade association marks, cooperative symbols |
| Certification Mark | Certifies quality, origin, or characteristics of goods | Geographic indications, quality certifications |
What Cannot Be Registered as a Trademark in Nepal?
Descriptive marks that merely describe the quality, quantity, intended purpose, or geographical origin of goods or services cannot be registered. Such marks lack distinctiveness and do not qualify for trademark protection under Nepal law.
Generic words that represent common names of products or services in ordinary language are not registrable as trademarks. Generic terms belong to the public domain and cannot be monopolized by any single entity through trademark registration in Nepal.
Prohibited and deceptive marks include symbols that are identical or similar to national emblems, flags, official seals, religious symbols, or marks that mislead consumers about the nature, quality, or origin of goods and services.
What Documents Are Required for Trademark Registration in Nepal?
- Completed trademark application form (Form No. 1) as prescribed by DOI
- Clear representation of the trademark (logo or word mark) in JPEG format
- Applicant's citizenship certificate or passport copy for individuals
- Company registration certificate for corporate applicants
- Partnership deed or firm registration certificate for partnerships
- Power of attorney if filing through an authorized agent
- Priority document if claiming convention priority from another country
- Proof of payment of prescribed government fees
- Description of goods or services covered by the trademark
- Affidavit of use or intention to use the trademark in commerce
Trademark Classification Table
The following table presents the international classification system used for trademark registration in Nepal, based on the Nice Classification:
| Class Number | Category | Examples of Goods/Services |
|---|---|---|
| Class 1-34 | Goods | Chemicals, paints, cosmetics, machinery, vehicles, food products |
| Class 35-45 | Services | Advertising, financial services, education, legal services, hospitality |
| Class 1 | Chemicals | Industrial chemicals, fertilizers, adhesives |
| Class 5 | Pharmaceuticals | Medicines, dietary supplements, medical preparations |
| Class 9 | Electronics | Computer software, mobile applications, electronic devices |
| Class 25 | Clothing | Garments, footwear, headwear |
| Class 30 | Food Products | Tea, coffee, rice, spices, confectionery |
| Class 35 | Business Services | Advertising, marketing, business management |
| Class 41 | Education | Training services, educational institutions, entertainment |
| Class 42 | Technology | Software development, scientific research, technical services |
How to Conduct Trademark Search in Nepal?
The purpose of conducting a trademark search is to identify existing registered or pending trademarks that may conflict with your proposed mark. A comprehensive search reduces the risk of application rejection and potential infringement disputes.
The Department of Industry maintains a trademark database accessible at their office in Kathmandu and through their official website at https://www.doi.gov.np. Applicants can search existing trademarks by name, class, or registration number to verify availability.
The risk of applying for similar or identical marks includes application rejection, opposition from existing trademark owners, and potential legal disputes. Conducting a thorough search before filing helps applicants avoid costly conflicts and ensures successful trademark registration in Nepal.
How to Register a Trademark in Nepal Step by Step?
Step 1: Conduct Comprehensive Trademark Search
Search the Department of Industry's trademark database to verify that your proposed trademark is not identical or confusingly similar to existing registered or pending marks. This preliminary search helps avoid application rejection and potential legal conflicts with prior trademark owners.
Step 2: Prepare Application Documents
Gather all required documents including completed application form, clear trademark representation, applicant identification documents, and classification details. Ensure all documents are properly formatted and meet DOI specifications for trademark registration in Nepal.
Step 3: Submit Application to Department of Industry
File your trademark application at the Department of Industry office in Kathmandu or through the online portal at https://www.doi.gov.np. Pay the prescribed government fees and obtain an acknowledgment receipt with your application number for future reference.
Step 4: Examination by DOI Officials
The Department of Industry examines your application for compliance with legal requirements, distinctiveness, and potential conflicts with existing marks. Examiners may raise objections if the trademark fails to meet registration criteria under Nepal law.
Step 5: Respond to Objections if Any
If the examiner raises objections, submit a written response addressing each concern within the specified timeframe. Provide legal arguments, evidence, or amendments to overcome objections and proceed with the trademark registration in Nepal.
Step 6: Publication and Registration Certificate
Upon approval, your trademark is published in the Industrial Property Bulletin for opposition purposes. If no opposition is filed within the specified period, the Department of Industry issues a registration certificate granting exclusive rights to your trademark.
How Long Does Trademark Registration Take in Nepal?
The complete trademark registration process in Nepal typically takes between 12 to 18 months from application filing to certificate issuance, depending on examination complexity and opposition proceedings.
The examination timeline includes the following stages:
- Initial examination by DOI officials: 3 to 6 months
- Response time for objections if raised: 1 to 2 months
- Publication in Industrial Property Bulletin: 1 month
- Opposition period for third parties: 3 months
- Final registration and certificate issuance: 1 to 2 months
- Total duration without complications: 12 to 18 months
What Is the Government Fee for Trademark Registration in Nepal?
The following table presents the official government fees for trademark registration in Nepal as prescribed by the Department of Industry:
| Fee Type | Amount (NPR) | Purpose |
|---|---|---|
| Application Fee | 2,000 | Per class of goods or services |
| Examination Fee | 1,000 | Processing and examination |
| Registration Fee | 2,000 | Upon approval of application |
| Publication Fee | 500 | Industrial Property Bulletin |
| Certificate Fee | 500 | Registration certificate issuance |
| Renewal Fee (7 years) | 3,000 | Per class for renewal |
| Late Renewal Penalty | 1,000 | Additional fee for delayed renewal |
| Trademark Search Fee | 500 | Optional preliminary search |
How Long Is a Trademark Valid in Nepal?
A registered trademark in Nepal remains valid for an initial period of seven years from the date of registration. This validity period provides exclusive rights to the trademark owner for commercial use and legal enforcement throughout Nepal.
Trademark owners must renew their registration every seven years to maintain continuous protection. The renewal process requires submission of a renewal application and payment of prescribed fees to the Department of Industry before the expiration date.
Failure to renew within the specified period results in trademark cancellation and loss of exclusive rights. However, the Department of Industry allows a grace period of six months after expiration for late renewal with additional penalty fees.
What Are the Rights of a Registered Trademark Owner in Nepal?
Registered trademark owners in Nepal enjoy the following exclusive rights and legal protections:
- Exclusive right to use the trademark on registered goods or services
- Legal authority to prevent unauthorized use by third parties
- Right to license the trademark to others for commercial purposes
- Ability to sell, transfer, or assign trademark rights to other entities
- Legal standing to file infringement lawsuits in Nepali courts
- Right to claim damages and compensation for trademark violations
- Authority to request customs authorities to prevent import of counterfeit goods
- Protection against dilution or tarnishment of trademark reputation
- Right to use the ® symbol indicating registered trademark status
How to Renew a Trademark in Nepal?
Trademark renewal in Nepal requires submission of a renewal application to the Department of Industry before the expiration of the seven-year validity period. The renewal process ensures continuous protection of trademark rights.
The renewal procedure includes the following requirements:
- Submit renewal application form to Department of Industry
- Pay prescribed renewal fees of NPR 3,000 per class
- Provide current trademark registration certificate details
- File renewal application within six months before expiration
- Late renewal allowed within six months after expiration with penalty
- Renewal grants additional seven-year protection period
- Maintain accurate records of renewal dates for future cycles
What Are the Benefits of Trademark Registration in Nepal?
Trademark registration in Nepal provides comprehensive legal protection and commercial advantages for businesses and individuals. Registration establishes exclusive ownership rights and prevents unauthorized use by competitors in the marketplace.
Key benefits include:
- Legal protection against infringement and unauthorized use of your mark
- Exclusive rights to use the trademark on registered goods or services
- Enhanced brand recognition and consumer trust in the marketplace
- Ability to license or franchise your trademark for additional revenue
- Legal standing to file infringement lawsuits and claim damages
- Asset value that can be sold, transferred, or used as collateral
- Protection across all districts and territories of Nepal
- Deterrent effect against potential infringers and counterfeiters
- Eligibility to use the ® symbol indicating registered status
- Foundation for international trademark protection through treaties
Frequently Asked Questions
Can foreigners register trademarks in Nepal?
Yes, foreign individuals and companies can register trademarks in Nepal by appointing a local authorized agent and submitting required documents including power of attorney to the Department of Industry for processing.
How much does trademark registration cost in Nepal?
The total government fees for trademark registration in Nepal range from NPR 6,000 to NPR 8,000 per class, including application, examination, registration, publication, and certificate fees as prescribed by the Department of Industry.
What is the validity period of a trademark in Nepal?
A registered trademark in Nepal remains valid for seven years from the registration date and can be renewed indefinitely for successive seven-year periods by paying renewal fees to the Department of Industry.
Can I register a trademark without using it?
Yes, you can file a trademark application based on intention to use in Nepal. However, the Department of Industry may require proof of actual use or bona fide intention during examination or opposition proceedings.
What happens if someone uses my registered trademark?
You can file an infringement lawsuit in the appropriate court, request injunctions to stop unauthorized use, claim damages and compensation, and seek criminal prosecution under the Patent, Design and Trademark Act, 2022 (1965).
How do I renew my trademark in Nepal?
- Step 1: Submit renewal application before expiration
- Step 2: Pay renewal fees to Department of Industry
- Step 3: Provide registration certificate details
- Step 4: Receive renewal confirmation from DOI
- Step 5: Maintain records for next renewal cycle
Can I register multiple classes in one application?
Yes, you can apply for trademark registration in multiple classes of goods or services in a single application, but you must pay separate fees for each class to the Department of Industry.
What documents do foreign applicants need?
- Passport copy or company registration certificate
- Power of attorney for local agent
- Trademark representation in required format
- Completed application form with signatures
- Proof of payment of government fees
Official Government Resources:
- Department of Industry: https://www.doi.gov.np
- Ministry of Industry, Commerce and Supplies: https://www.moics.gov.np
- Office of the Company Registrar: https://www.ocr.gov.np
- Nepal Law Commission: https://www.lawcommission.gov.np
- Intellectual Property Office Nepal: https://www.ip.gov.np