Trademark registration process in Nepal is regulated by the Patent, Design, and Trademark Act, 1965 (2022) (“PDTA”). This guide outlines the steps and requirements for foreign trademark registration in Nepal.
Legal Basis for Foreign Trademark Protection in Nepal
To receive protection in Nepal, a foreign trademark must be registered within the country. According to Section 21A of the PDTA, protection for a foreign trademark is not granted unless it is officially registered in Nepal. Despite Nepal’s adherence to the Paris Convention for the Protection of Industrial Property (1886), which addresses well-known trademarks, the PDTA does not explicitly cover their protection. Therefore, registration with the Department of Industry (DOI) is essential for safeguarding both foreign and well-known trademarks.
Authority for Foreign Trademark Registration
The Department of Industry (DOI), operating under Nepal’s Ministry of Industry, Commerce, and Supplies, is responsible for trademark registration and management in Nepal. For more information, visit their website: DOI.
Process for Registering a Foreign Trademark in Nepal
The following table outlines the steps involved in registering a foreign trademark:
| Steps | Process |
|---|---|
|
Step 1 |
Submission of Application at the Department of Industry
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Step 2 |
Preliminary Examination at the Department of Industry |
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Step 3 |
Publication of Trademark in Industrial Property Bulletin (“IP Bulletin”). |
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Step 4 |
Registration of trademark if opposition is not received by any third party. |
Required Documents for Foreign Trademark Registration
To register a foreign trademark, the following documents must be submitted to the DOI:
- Home/Foreign Trademark Registration Certificate: This certificate from the country of origin is required for registration.
- Application for Registration: An original application form.
- Trademark Label: Four color-printed copies of the trademark label.
- Power of Attorney: One original document authorizing representation.
- Board Resolution: If the applicant is a company/entity.
If a trademark is already applied for in another country, the application in Nepal can be based on that with a priority claim of up to 6 months, as permitted by the Paris Convention.
Reasons for Trademark Registration Refusal
The DOI may reject a trademark registration on the following grounds:
- The trademark is already registered by another entity.
- The trademark harms the goodwill or reputation of an existing trademark or individual.
- The trademark adversely affects public morals or national interests.
Duration of Trademark Registration
A trademark registration is valid for 7 years from the date of registration. It can be renewed indefinitely for additional 7-year periods.
Government Fees for Trademark Registration
The fees for trademark registration are as follows:
| Application Fee | Registration Fee |
|---|---|
|
NPR 1,000 (approximately USD 8) |
NPR 5,000 (approximately USD 38) |