Trademark registration in Nepal is governed by the Patent, Design and Trademark Act, 1965 (2022 B.S.), and is administered by the Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies. A registered trademark provides exclusive legal protection for your brand in Nepal, and the process typically takes 4 months if no objections are raised.
This guide by Onesphere Law Associates, a leading corporate law firm in Nepal, explains everything you need to know about the trademark registration process in Nepal.
What is the Legal Basis for Trademark Registration in Nepal?
Trademark registration in Nepal is regulated under Section 17 of the Patent, Design and Trademark Act, 1965. A trademark is not protected under Nepalese law unless it is formally registered with the competent authority.
Who is the Competent Authority for Trademark Registration in Nepal?
The Department of Industry (DOI) is the authorized body to register trademarks in Nepal.
Visit DOI website
Step-by-Step Trademark Registration Process in Nepal
Step 1: Submission of Application
An application must be submitted to the DOI in the prescribed format, along with the necessary supporting documents and trademark specimens.
Step 2: Preliminary Examination
The DOI reviews the trademark for:
- Similarity with already registered trademarks
- Violation of public interest, morality, or legal provisions
Step 3: Publication in IP Bulletin
If the DOI accepts the application, the trademark is published in the Industrial Property Bulletin, issued every three months, to invite opposition.
Step 4: Opposition Period
Any third party may file an opposition within 90 days from the date of publication in the IP Bulletin.
Step 5: Successful Registration
If no opposition is filed (or resolved in your favor), DOI issues a Trademark Registration Certificate.
Required Documents for Trademark Registration in Nepal
- Duly filled Trademark Application Form (Original)
- Label of the Trademark (4 copies)
- Power of Attorney (Original)
- Certificate of Registration of Proprietor/Company/Firm
- Tax Registration Certificate (PAN/VAT)
- Annual Compliance Submission Letter
- Tax Clearance Certificate
- Industrial Registration Certificate or relevant business license
Grounds for Refusal of Trademark Registration (Section 18 of PDTA)
The DOI may refuse to register a trademark on the following grounds:
- It damages the reputation of a person or institution
- It contradicts public morality or national interest
- It infringes on the goodwill of an existing trademark
- It is identical or confusingly similar to an already registered trademark
Trademark Registration Timeline in Nepal
If no opposition is raised, the full trademark registration process generally takes 12 to 14 months.
Validity and Renewal of Registered Trademark
- A registered trademark is valid for 7 years from the date of registration.
- It can be renewed indefinitely, every 7 years.
- Renewal must be done within 35 days of expiry. Late renewal is allowed within 6 months by paying a penalty of NPR 1,000.
Government Fees for Trademark Registration in Nepal
# | Particulars | Fees (in NPR) |
---|---|---|
1 | Application Fee | NPR 1,000 |
2 | Registration Fee | NPR 5,000 |
Can a Registered Trademark Be Transferred or Sold?
Yes. A registered trademark is considered an intellectual property asset and can be transferred through trademark assignment. The transfer must be:
- In written form
- Notified and recorded with the Department of Industry
Trademark Classification in Nepal (Nice Classification System)
Nepal follows the International (Nice) Classification, which categorizes goods and services into 45 different classes, ranging from Class 1 (Chemicals) to Class 45 (Legal & Social Services).
- Class 1: Chemicals used in industry, science and photography, as well as in agriculture, horticulture, and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
- Class 2 : Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers, and artists.
- Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
- Class 4 : Industrial oils and greases; lubricants; dust absorbing, wetting and _ binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
- Class 5 : Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
- Class 6 : Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
- Class 7 : Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
- Class 8 : Hand tools and implements (hand-operated); cutlery; side arms; razors.
- Class 9 : Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire- extinguishing apparatus.
- Class 10 : Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
- Class 11 : Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
- Class 12 : Vehicles; apparatus for locomotion by land, air, or water.
- Class 13 : Firearms; ammunition and projectiles; explosives; fireworks.
- Class 14 : Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
- Class 15 : Musical instruments.
- Class 16 : Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers type; printing blocks.
- Class 17 : Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture;
packing, stopping and insulating materials; flexible pipes, not of metal. - Class 18 : Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, walking sticks; whips, harness, and saddlery.
- Class 19 : Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
- Class 20 : Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all these materials, or of plastics.
- Class 21 : Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain, and earthenware not included in other classes.
- Class 22 : Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except for rubber or plastics); raw fibrous textile materials.
- Class 23 : Yarns and threads, for textile use.
- Class 24 : Textiles and textile goods, not included in other classes; bed and table covers.
- Class 25 : Clothing, footwear, headgear.
- Class 26 : Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
- Class 27 : Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
- Class 28 : Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
- Class 29 : Meat, fish, poultry, and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.
- Class 30 : Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
- Class 31 : Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
- Class 32 : Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. Class alcoholic beverages.
- Class 33 : Alcoholic beverages (except beers).
- Class 34 : Tobacco; smokers’ articles; matches.
- Class 35 : Advertising; business management; business administration; office functions.
- Class 36 : Insurance; financial affairs; monetary affairs; real estate affairs.
- Class 37 : Building construction; repair; installation services.
- Class 38 : Telecommunications.
- Class 39 : Transport; packaging and storage of goods; travel arrangement.
- Class 40 : Treatment of materials.
- Class 41 : Education; providing of training; entertainment; sporting and cultural activities.
- Class 42 : Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.
- Class 43 : Services for providing food and drink; temporary accommodation.
- Class 44 : Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture, and forestry services.
- Class 45 : Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.
Frequently Asked Questions
How do I get a trademark in Nepal?
You need to file an application with the DOI along with required documents and four label specimens of your trademark.
How long does it take to register a trademark in Nepal?
Typically, 12–14 months, depending on whether an opposition is filed.
What is the validity period of a registered trademark in Nepal?
7 years from the date of registration, renewable every 7 years.
Can foreign entities register a trademark in Nepal?
Yes. Foreign companies can register their trademarks by appointing a local attorney.
What happens if my trademark is opposed?
A legal proceeding will be conducted. Onesphere Law Associates can represent you to defend your application.
What is a trademark?
A trademark is a symbol, word, logo, or combination that distinguishes the goods or services of one business from those of others.
Why should I register my trademark in Nepal?
Registration provides legal protection, prevents others from using similar marks, and builds brand value and recognition.
Who can apply for trademark registration in Nepal?
Any individual, firm, company, or organization, both domestic and foreign, engaged in trade or business can apply.
Which authority registers trademarks in Nepal?
The Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies is res
What documents are required for trademark registration?
- Application form
- Copy of the trademark (logo or wordmark)
- Power of Attorney (if filed through an agent)
- Copy of the business registration certificate
- Priority documents (if applicable)
Can a foreign company register its trademark in Nepal?
Yes, a foreign entity can register its trademark through a local legal representative or trademark attorney.
Is a Power of Attorney required for filing?
Yes, if an agent or attorney is filing on behalf of the applicant, a notarized Power of Attorney is necessary.
In which classes can I register a trademark?
Nepal follows the Nice Classification (NCL) system with 45 classes (1–34 for goods and 35–45 for services).
Can I register the same trademark in multiple classes?
Yes, you can file a multi-class application or separate applications for different classes.
What is the process of trademark registration in Nepal?
- Filing of application
- Preliminary examination by DOI
- Publication in Industrial Property Bulletin
- Opposition period (90 days)
- Registration if no opposition
- Issuance of registration certificate
How long does it (timeline) take to register a trademark in Nepal?
On average, it takes 4 to 5 months if there is no objection or opposition.
Is there an online system to register a trademark?
No. As of now, trademark applications must be submitted physically at the DOI.
What happens after I file the application?
The DOI conducts an examination, and if found acceptable, publishes the mark in the Bulletin for opposition.
What if someone opposes my trademark?
You must file a counter-response within the prescribed time, and the DOI will decide after hearing both parties.
What are the official government fees for trademark registration?
As of now, the official fee is NRs. 1,000 for filing and NRs. 5,000 for registration per class. Additional charges may apply for agents and publication.
How long is a trademark valid in Nepal?
A trademark is valid for 7 years from the date of registration.
Can I renew my trademark?
Yes, it can be renewed for successive periods of 7 years each by applying within 35 days from the expiry date (or with penalty up to 6 months).
Can I assign or license my registered trademark?
Yes, trademarks can be transferred, assigned, or licensed by executing a written agreement and notifying the DOI.
Is use of the ® symbol allowed after registration?
Yes, once the trademark is registered in Nepal, you may legally use the ® symbol.