Trademark Filing and Registration in Nepal

Securing a trademark in Nepal is a critical step for businesses aiming to protect their brand names, logos, and distinctive identities from misuse. A registered trademark provides exclusive ownership rights, allowing you to take legal action against unauthorized use or imitation. The Nepal Trademark Registry, operating under the Department of Industry (DOI), manages the trademark registration process in Nepal as per the Patent, Design, and Trademark Act, 2022 (1965). Whether you’re registering a brand name, logo, or product mark, obtaining trade mark registration in Nepal ensures lasting brand credibility and market distinction.

Understanding the Trademark Laws and Rules in Nepal

Trademark protection in Nepal operates under the Patent, Design, and Trademark Act, which governs the legal procedures and eligibility criteria. The Act requires that a trademark be unique and capable of identifying specific goods or services. Marks that are generic, misleading, or similar to existing ones are not permitted. Both individuals and businesses are eligible for trademark registration in Nepal. Before filing, it’s advisable to conduct a trademark search in Nepal to verify availability and prevent objections. A proper search under the local classification system minimizes risks and strengthens the application’s success rate.

Why Trademark Registration in Nepal Is Important?

Registering your trademark in Nepal provides:

  • Legal protection against infringement or unauthorized use.
  • Exclusive rights to use and license your brand in Nepal.
  • Enhanced credibility through verified ownership under the Nepal Trademark Registry.
  • Opportunities for brand expansion and franchising through brand registration in Nepal.

Having a registered trademark also serves as strong evidence in legal disputes, ensuring your intellectual property remains protected under national law.

Eligibility and Documents Required for Trademark Registration in Nepal

To qualify for trademark filing, the applicant must be an individual, partnership, or legal entity with valid documentation. The documents required for trademark registration in Nepal include:

  • Power of Attorney (authorizing local agent or attorney)
  • Four copies of the trademark design or logo
  • Citizenship Certificate or Passport (for individuals)
  • Company Registration Certificate (for legal entities)
  • VAT or Tax Registration Certificate
  • Assignment Deed (if applicable)

A professional trademark law firm in Nepal or experienced attorneys can simplify the documentation and help prevent application rejection.

Trademark Classification and Procedure for Obtaining Trademark Right in Nepal

Nepal follows the Nice Classification system, categorizing goods and services into 45 classes. The procedure for obtaining trademark right in Nepal includes filing separate applications for each class, as multi-class filings are not accepted. Proper classification ensures accurate protection and prevents future conflicts. Consulting experts before filing helps determine the correct classes based on your business activities.

Step-by-Step Trademark Registration Process in Nepal

The trademark registration process in Nepal involves several stages governed by the DOI:

  1. Trademark Search in Nepal: Verify that your mark isn’t already registered or deceptively similar.
  2. Application Submission: File the trade mark registration in Nepal with complete details, including logo, applicant information, and class of goods/services.
  3. Examination: The DOI reviews the application for distinctiveness, clarity, and compliance with the Act.
  4. Publication: Approved marks are published in the Industrial Property Bulletin for a 90-day opposition period.
  5. Registration: If no opposition is raised, the DOI issues the trademark registration certificate in Nepal, granting legal ownership rights.

Trademark Cost and Nepal Trademark Registry Fees

The cost of trademark registration in Nepal depends on government and legal fees.

  • Application Fee: NPR 1,000
  • Registration Fee: NPR 5,000

Additional charges may apply for opposition, renewal, or modification. Understanding the Nepal trademark registry fee structure ensures transparent cost planning for businesses.

Trademark Renewal and Maintenance in Nepal

A registered trademark in Nepal remains valid for seven years from the registration date. Trademark owners should file for trademark renewal in Nepal at least 35 days before expiry. If renewal is delayed, it can still be completed within six months with a late fee. Regular renewal ensures continuous trademark protection in Nepal and prevents cancellation due to non-use.

Trademark Infringement and Enforcement in Nepal

Trademark infringement in Nepal occurs when an unauthorized party uses a mark identical or confusingly similar to a registered one. Enforcement can be pursued through:

  • Civil Litigation: To seek injunctions, damages, or profit recovery.
  • Administrative Actions: Filing complaints with the Department of Industry.
  • Criminal Proceedings: Against counterfeit or fraudulent goods.

Maintaining evidence of use, advertisements, and sales data strengthens your enforcement case under Nepalese law.

International Trademark Protection for Nepalese Businesses

Nepal’s membership in the Madrid Protocol allows international trademark registration through a single application. However, to ensure enforceability within the country, businesses must still complete trademark registration in Nepal at the local DOI office. This dual protection approach benefits exporters and growing international brands. Kayser & Co. assists local and foreign businesses with the trademark filing in Nepal, ensuring applications meet DOI guidelines and classification accuracy. From brand registration in Nepal to opposition handling and renewals, the firm provides end-to-end trademark services for long-term brand protection.

Frequently Asked Questions (FAQs)

Who can apply for a trademark in Nepal?

Any individual, company, or foreign entity with a local representative can file a trade mark registration in Nepal.

The trademark registration process in Nepal usually takes 12–18 months, depending on oppositions or legal complexities.

A trademark in Nepal is valid for seven years and can be renewed indefinitely.

Yes, by appointing a local attorney or representative.

Owners can file a civil or criminal case or initiate DOI proceedings for violation of trademark rights in Nepal.

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