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Trademark registration in Nepal is governed by the Patent, Design and Trade Mark Act, 2022 (1965)—commonly referred to as the PDTA 2022—and is administered by the Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies. Under this framework, a trademark is defined as any word, symbol, picture, or combination thereof used by a firm, company, or individual to distinguish its products or services from those of others. Consequently, registration at the DOI confers exclusive rights to use the mark, enforce it against infringers, and license or assign it for commercial gain. Furthermore, with Nepal's accession to the Paris Convention for the Protection of Industrial Property and the TRIPS Agreement, foreign trademark owners are afforded reciprocal protections, though Nepal is not yet a member of the Madrid Protocol. Therefore, both domestic entrepreneurs and international brand owners must pursue national trademark registration in Nepal to secure enforceable rights. Additionally, the DOI Notice dated December 1, 2025 has introduced critical new deadlines for pending applications and proof-of-use compliance that every applicant must observe.
What Is Trademark Registration in Nepal?
Definition of Trademark Under PDTA 2022
Under Section 2(c) of the PDTA 2022, a trademark means any word, symbol, or picture, or a combination thereof, used by any firm, company, or individual for its products or services to differentiate them from the products or services of others. This definition covers brand names, logos, slogans, packaging designs, and other distinctive elements that serve as source identifiers in the marketplace.
Why Trademark Registration Matters
Trademark registration matters because unregistered marks are not enforceable under Nepali law. Section 18B of the PDTA explicitly prohibits the use of any trademark as a registered mark unless it has been registered at the DOI. Without registration, a brand owner cannot sue for infringement, cannot prevent confusingly similar marks from entering the market, and cannot claim statutory remedies. Moreover, registered trademarks are valuable intangible assets that can be mortgaged, franchised, or sold.
Trademark Registration in Nepal: Legal Framework
The Nepal trademark law is built upon several statutes and international instruments.
| Legislation / Convention | Year | Key Provisions for Trademarks |
|---|---|---|
| Patent, Design and Trade Mark Act 2022 | 1965 (amended 2006) | Primary law: definition, application, registration, opposition, renewal, infringement penalties, assignment |
| Patent, Design and Trade Mark Rules 2023 | 1966 | Procedural rules: forms, fees, timelines, publication requirements |
| Paris Convention | 1883 (Nepal acceded) | Priority claims: 6 months for trademarks; national treatment for foreign applicants |
| TRIPS Agreement | 1994 (WTO member) | Minimum standards for IP protection; enforcement mechanisms |
| National Civil Code 2074 | 2017 | Contractual aspects of assignment, licensing, and commercial disputes |
| Consumer Protection Act 2075 | 2018 | Consumer rights, false advertising penalties, confiscation of misleading goods |
| Black Marketing Act 2032 | 1975 | Criminal penalties for selling misleadingly branded goods |
| Customs Act 2064 | 2007 | Border enforcement against counterfeit imports |
Nepal is not a member of the Madrid Protocol; therefore, international trademark registrations do not automatically extend to Nepal. Foreign marks must be filed nationally at the DOI.
Types of Marks Registrable in Nepal
The DOI accepts applications for various categories of marks, provided they are distinctive and not prohibited under Section 18 of the PDTA.
| Mark Type | Description | Examples |
|---|---|---|
| Word mark | Text-only brand names | "Everest," "Wai Wai" |
| Device mark | Logos, symbols, or pictorial elements | Graphic logos, emblems |
| Combined mark | Word and device together | Brand name with logo |
| Service mark | Marks used for services, not goods | Hotel chains, consultancies |
| Collective mark | Marks used by members of an association | Cooperative brands |
| Certification mark | Marks certifying origin, quality, or standards | Geographic indications |
Grounds for Refusal Under Section 18
The DOI is required to refuse registration if the mark:
| Prohibited Feature | Legal Basis |
|---|---|
| Identical or confusingly similar to an existing registered mark | Section 18(1) |
| Hurts the prestige of any individual or institution | Section 18(1) |
| Adversely affects public conduct, morality, or national interest | Section 18(1) |
| Undermines the reputation of another person's trademark | Section 18(1) |
| Already registered in the name of another person | Section 18(1) |
| Non-distinctive or purely descriptive | Section 18, implied |
| Deceptive as to origin, quality, or nature of goods/services | Section 18, implied |
Nice Classification System in Nepal (13th Edition, 2026)
Nepal follows the Nice Classification system, which divides all goods and services into 45 classes. The 13th Edition took effect on January 1, 2026, and introduces significant amendments that trademark applicants must account for.
| Category | Classes | Description |
|---|---|---|
| Goods | 1–34 | Physical products: chemicals, pharmaceuticals, machinery, clothing, food, electronics |
| Services | 35–45 | Intangible services: advertising, finance, telecom, education, legal, hospitality |
Key 13th Edition Changes Affecting Nepal Applications
| Amendment | Previous Class | New Class (2026) | Rationale |
|---|---|---|---|
| Eyeglasses, sunglasses, contact lenses | 9 | 10 | Medical/protective function |
| Emergency vehicles | 9 | 12 | Consolidation of all vehicles |
| Electrically heated clothing | 11 | 25 | Primarily clothing items |
| Essential oils (medical/aromatherapy) | 3 | 5 | Purpose-based classification |
| AI-as-a-Service | — | 42 | New technology recognition |
| Airport lounge services | — | 43 | Hospitality classification |
| Notarial services | Unclear | 45 | Explicit legal services inclusion |
Separate applications are required for marks falling in different Nice classes. Nepal does not currently permit multi-class applications in a single filing.
Step-by-Step Trademark Registration Process in Nepal
Step 1: Pre-Filing Search (Optional but Recommended)
A pre-filing search is conducted at the DOI database to identify identical or confusingly similar existing marks. While not compulsory, this search reduces the risk of objection or opposition. The search typically takes 15 working days and costs approximately NPR 1,000 per class.
Step 2: Application Filing
The application is submitted physically at the DOI with the following components:
| Required Document | Specification |
|---|---|
| Duly filled trademark application form | Original; signed by applicant or attorney |
| Trademark label / specimen | 4 copies; clear representation of the mark |
| Power of Attorney | Original; notarized if filed through an agent |
| Certificate of registration of proprietor | Company registration, firm registration, or citizenship |
| Tax registration certificate (PAN/VAT) | Proof of tax compliance |
| List of goods/services | Classified per Nice Classification |
| Priority document (if claiming Paris Convention priority) | Certified copy with English translation |
Separate applications are required for marks falling in different Nice classes.
Step 3: Formal and Substantive Examination
The DOI conducts two levels of examination:
| Examination Stage | Duration | Focus |
|---|---|---|
| Formal examination | 1–2 months | Completeness of documents, classification accuracy, fee payment |
| Substantive examination | 2–4 months | Distinctiveness, deceptiveness, conflict with existing marks |
For foreign trademarks already registered in the home country, the DOI may waive substantive examination if a certified copy of the home registration certificate is provided.
Step 4: Publication in Industrial Property Bulletin
If the application passes examination, the mark is published in the Industrial Property Bulletin for public review. Third parties are given 90 days from the date of publication to file an opposition.
| Opposition Details | Requirement |
|---|---|
| Opposition period | 90 days from publication |
| Opposition fee | NPR 1,000 |
| Grounds | Likelihood of confusion, prior rights, bad faith, non-distinctiveness |
| Counter-response | Applicant must file within prescribed time |
If no opposition is filed, or if opposition is resolved in the applicant's favor, the process proceeds to registration.
Step 5: Registration and Certificate Issuance
Upon successful completion of the opposition period, the applicant is required to pay the registration fee within 35 days of receiving the approval notice. The DOI then issues a Certificate of Registration of Trade-Mark in the format prescribed under Schedule 2(C) of the PDTA.
| Registration Timeline | Duration |
|---|---|
| Smooth case (no objection, no opposition) | 12 to 15 months |
| Average case (minor queries) | 15 to 24 months |
| Contested case (opposition) | 24 to 36 months+ |
Trademark Fees in Nepal (2026)
The government fee structure under the PDTA distinguishes between domestic, SAARC, and foreign applicants.
| Fee Type | Domestic (NPR) | SAARC (NPR) | Foreign (NPR) |
|---|---|---|---|
| Application filing fee | 1,000 | 1,500 | 2,000 |
| Registration fee | 5,000 | 7,500 | 10,000 |
| Renewal fee | 5,000 | 7,500 | 10,000 |
| Opposition filing fee | 1,000 | 1,000 | 1,000 |
| Amendment fee | 1,000 | 1,500 | 2,000 |
| Assignment/transfer fee | 5,000 | 7,500 | 10,000 |
| Official search fee | 1,000 | 1,000 | 1,000 |
| Certified copy of certificate | 1,000 | 1,000 | 1,000 |
Professional service fees charged by trademark agents or law firms typically range from NPR 15,000 to NPR 60,000 depending on complexity and applicant nationality.
Trademark Validity, Renewal, and Cancellation
Term of Protection
A registered trademark in Nepal is valid for 7 years from the date of registration. This term is significantly shorter than the 10-year term common in many jurisdictions.
Renewal Requirements
| Renewal Parameter | Detail |
|---|---|
| Renewal window | Within 35 days of expiry date |
| Grace period | 6 months after expiry |
| Late renewal penalty | NPR 1,000 |
| Consequence of non-renewal | Automatic cancellation of registration |
Renewal can be effected any number of times for successive periods of 7 years each, making trademark protection potentially perpetual.
Cancellation Grounds
The DOI may cancel a registered trademark if:
| Cancellation Ground | Legal Basis |
|---|---|
| Non-use for more than 1 year from registration | Section 18C |
| Registration obtained in bad faith | Section 18, implied |
| Mark found to be non-distinctive or misleading | Section 18, implied |
| Mark hurts public morality or national interest | Section 18(1) |
Before cancellation, the DOI is required to provide reasonable opportunity to the rights-holder to show cause.
Proof of Use Requirement: DOI Notice 2025
August 19, 2025 Notice and December 1, 2025 Reinstatement
On August 19, 2025, the DOI issued a public notice requiring trademark owners to submit proof of use for registered trademarks within one year of registration. This notice was suspended on September 24, 2025 due to the Gen Z protests that damaged DOI infrastructure and files. On December 1, 2025, the DOI reinstated adapted procedural requirements:
| Category | Deadline | Consequence of Non-Compliance |
|---|---|---|
| Pending applications (incomplete docs, >7 years) | February 28, 2026 | Automatic cancellation |
| Published applications (no opposition, uncollected certs) | May 31, 2026 | Cancellation (abandoned) |
| Registered marks (proof of use advisement) | Ongoing | Vulnerability to third-party cancellation under Section 18C |
Proof of use may include product packaging, advertising materials, invoices, export/import documents, website screenshots, or physical product samples. While the mandatory submission notice remains suspended, trademark owners are strongly advised to maintain adequate evidence to defend against non-use cancellation actions.
Trademark Assignment and Licensing in Nepal
Transfer of Ownership
Under Section 21D of the PDTA, the owner of a trademark may transfer ownership or provide written approval for its use. The transfer must be:
| Requirement | Detail |
|---|---|
| Form | Written agreement |
| Notification | Joint application filed at DOI by both parties |
| Fee | NPR 5,000 (domestic); NPR 10,000 (foreign) |
| Recordal | Registered in the trademark registry |
Unrecorded assignments may not be enforceable against third parties.
Licensing
Trademark licensing is permitted under Nepali law. The license agreement must specify the scope of use, quality control standards, territory, and duration. While recordal at the DOI is advisable for enforceability, the PDTA does not explicitly mandate license recordal.
Trademark Infringement and Enforcement in Nepal
What Constitutes Infringement
Under Section 16(2) of the PDTA, trademark infringement occurs when any person, without transforming ownership or obtaining written permission:
| Infringing Act | Description |
|---|---|
| Copying or imitating | Reproducing a registered trademark identically or confusingly similarly |
| Using or causing to use | Applying the mark to goods, packaging, or advertising |
| Counterfeiting | Manufacturing goods bearing the registered mark without authorization |
Remedies and Penalties
The PDTA and related statutes provide multiple enforcement avenues:
| Remedy / Penalty | Amount / Action | Legal Basis |
|---|---|---|
| Administrative fine | Up to NPR 100,000 | PDTA Section 19 |
| Confiscation of goods | Infringing articles seized by DOI order | PDTA Section 19 |
| Compensation | Actual damages (amount determined by DOI or court) | PDTA Section 25 |
| Civil injunction | Court order restraining further use | National Civil Code 2074 |
| Criminal imprisonment | Up to 2 years + fine | Black Marketing Act 2032 |
| Consumer protection penalty | 2 to 5 years imprisonment + NPR 400,000–600,000 | Consumer Protection Act 2075 |
Enforcement Procedure
The aggrieved party may file a complaint with the DOI or directly with the District Court. The DOI conducts investigations and may order interim relief, such as temporary injunctions. If infringement is proven, the DOI or court may grant permanent injunctions, order damages, and direct confiscation or destruction of counterfeit goods.
Foreign Trademark Registration in Nepal
National Registration Requirement
Under Section 21B of the PDTA, the title to any trademark registered in a foreign country shall not be valid in Nepal unless it is registered in Nepal by the concerned person. There is no automatic recognition of foreign registrations.
Expedited Examination for Foreign Marks
Under Section 21C, the DOI may register foreign trademarks without conducting enquiries if the application is filed along with a certificate of registration from a foreign country. This provision significantly expedites the process for brands already registered in Paris Convention member countries.
Priority Claims
Nepal's membership in the Paris Convention allows applicants to claim priority based on an earlier filing in another member country. The priority period for trademarks is 6 months from the first filing date.
Comparison: Domestic vs Foreign Trademark Applicants
| Aspect | Domestic Applicant | Foreign Applicant |
|---|---|---|
| Application fee | NPR 1,000 per class | NPR 2,000 per class |
| Registration fee | NPR 5,000 per class | NPR 10,000 per class |
| Examination | Full substantive examination | May be waived with home registration certificate |
| Priority claim | Available if prior foreign filing | Available under Paris Convention |
| Representation | Optional agent | Power of Attorney mandatory |
| Language | Nepali or English | English accepted; translation may be required |
Conclusion
Trademark registration in Nepal is a structured yet accessible process under the Patent, Design and Trade Mark Act 2022, administered by the Department of Industry. From the Nice Classification system and 90-day opposition period to the 7-year renewable term and NPR 100,000 infringement penalties, the framework provides meaningful protection for brand owners willing to navigate the national registration requirement. The absence of Madrid Protocol membership means that both domestic and foreign applicants must engage directly with the DOI, but the Paris Convention priority claim and expedited examination for foreign marks offer valuable procedural advantages. The DOI Notices of 2025 regarding proof of use and pending application deadlines add new compliance dimensions that every trademark owner must monitor.
Therefore, professional legal guidance is strongly recommended before filing a trademark application, responding to an opposition, or enforcing rights against infringers. Attorney Nepal Pvt Ltd provides comprehensive trademark services, including pre-filing searches, application drafting and filing, opposition defense, assignment recordal, renewal management, and infringement litigation support. Contact our team today to secure your brand under Nepal trademark law.
Disclaimer: This guide is published for informational and educational purposes only. It does not constitute legal advice, advertisement, solicitation, or inducement of any kind. Attorney Nepal Pvt Ltd shall not be liable for any consequences arising from actions taken based on the information contained herein. For specific legal advice tailored to your trademark matters, please consult a qualified legal professional.
References
Patent, Design and Trade Mark Act 2022 (1965) — Nepal Law Commission
Patent, Design and Trade Mark Rules 2023 (1966) — Nepal Law Commission
Department of Industry — Government of Nepal
National Civil Code 2074 — Nepal Law Commission
Consumer Protection Act 2075 — Nepal Law Commission
Black Marketing and Some Other Social Offenses and Punishment Act 2032 — Nepal Law Commission
Frequently Asked Questions
Trademark registration in Nepal is the legal process by which a distinctive word, symbol, picture, or combination thereof is registered with the Department of Industry under the Patent, Design and Trade Mark Act 2022, granting the owner exclusive rights to use and enforce the mark.
In a smooth case with no objections or oppositions, registration takes 12 to 15 months. The average timeline is 15 to 24 months, while contested cases may extend to 24 to 36 months or longer.
A registered trademark is valid for 7 years from the date of registration. It can be renewed indefinitely for successive 7-year periods.
The official government fees are NPR 1,000 for application and NPR 5,000 for registration per class for domestic applicants. Foreign applicants pay NPR 2,000 and NPR 10,000 respectively. SAARC applicants pay NPR 1,500 and NPR 7,500. Professional fees are additional.
Yes. Foreign applicants may register trademarks in Nepal by filing directly at the DOI. A Power of Attorney and home country registration certificate are typically required. Nepal is a member of the Paris Convention, allowing priority claims.
Once a trademark is published in the Industrial Property Bulletin, third parties have 90 days to file an opposition.
If a registered trademark is not brought into use within 1 year from the date of registration, the DOI may conduct inquiries and cancel the registration under Section 18C. The DOI Notice of August 19, 2025 (currently suspended) also advised submission of proof of use.
Yes. Trademarks are transferable intellectual property assets. The assignment must be in writing and recorded at the DOI through a joint application by both parties.
Infringers face a fine of up to NPR 100,000, confiscation of infringing goods, and potential civil liability for damages. Criminal penalties under the Black Marketing Act may include imprisonment up to 2 years.
No. Nepal is not a member of the Madrid Protocol. Foreign trademark owners must file separate national applications in Nepal to obtain protection.
The December 1, 2025 DOI Notice established mandatory deadlines for pending trademark applications affected by the Gen Z protests. Applications pending over 7 years with incomplete documents must be regularized by February 28, 2026. Published applications without opposition must collect certificates by May 31, 2026.
The 13th Edition of the Nice Classification took effect on January 1, 2026, and is used by the DOI for trademark classification. It includes 45 classes (34 for goods, 11 for services) with updated entries for AI services, airport lounges, and reclassified medical devices.
This article is for general informational purposes only and does not constitute legal advice. For advice on your specific situation, please contact Attorney Nepal directly.
