Introduction
You've registered a company, you're conducting business and gaining a brand value. Do you wish to legally protect it? Register a Trademark!
Trademark means word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them with the product or services of others. It is more than just a logo or a name—it is the identity of a business and its goodwill. In today's competitive market, protecting that identity is crucial to maintain brand recognition and consumer trust.
In Nepal, trademark registration provides legal protection and exclusive rights to use a mark in connection with specific goods or services. This article explains the process, requirements, and benefits of trademark registration in Nepal.
Legal Framework Governing Trademark Registration in Nepal
Trademark registration in Nepal is governed by the Patent, Design and Trademark Act, 1965 (2022 B.S.) and Trademark Directives 2015 (2072 B.S.) The Department of Industry (DOI) under the Ministry of Industry, Commerce, and Supplies is the competent authority responsible for administering the process of trademark registration in Nepal.
Patent, Design and Trademark Act, 1965 (2022 B.S.)
Trademark Directives, 2015 (2072 B.S.)
Department of Industry (DOI) — Ministry of Industry, Commerce, and Supplies
Who Can Apply for Trademark Registration?
Any individual, company, firm, or legal entity—whether domestic or foreign—engaged in trade or business can apply for a trademark in Nepal. For local registration, applicants based in Nepal can directly file their applications with the Department of Industry, either in person or through a legal representative.
Types of Trademarks Registrable in Nepal
Under the Patent, Design and Trademark Act, 1965 (2022 B.S.), the following types of marks can be registered:
Word Marks (names, letters, or numerals)
Device or Logo Marks
Combination Marks (word + logo)
Slogans or Taglines
Service Marks
Pictures and Symbols
Benefits of Trademark Registration
Exclusive Legal Rights: Prevent unauthorized use of your mark.
Brand Protection: Safeguard your brand's reputation and identity.
Commercial Value: Enhance goodwill and business valuation.
Legal Remedies: Access civil and criminal enforcement in case of infringement.
Business Expansion: Facilitate franchising, licensing, and international brand growth.
Documents Required for Trademark Registration in Nepal
As per Directive No. 4 of the Trademark Directive 2015 (2072 B.S.), the following documents are required for registration at the Department of Industry (DOI):
Application of Trademark Registration
Certified copy of the registration certificate of the firm, company or organization
Tax Registration Certificate of the firm, company or organization
Tax Clearance Certificate of the firm, company or organization
Receipt of payment of the prescribed Registration Fee
Power of Attorney
4 copies of samples indicating the description and class of goods or services for which the trademark will be used
Letter of Completion of Annual Compliance provided by Office of Company Registrar
Industrial Registration Certificates or License from Concerned Authority
Procedure for Trademark Registration in Nepal
Preliminary Examination by Pentagon Law Associates
Before filing, we advise and help our clients to conduct a trademark search at the Department of Industry database to ensure that your proposed mark is not identical or confusingly similar to an already registered one.
Filing the Trademark Registration Application
The applicant must submit a duly filled application form (in the prescribed format) along with:
- •Full Name and Address of Proprietor of Trademark
- •Detail Specification of Trademark
- •Description of origin, selection and meaning of word(s), symbol or picture in the proposed mark
- •Elements of claimer or disclaimer in the mark
- •Name and Address of 2 witnesses
Examination by DOI
The DOI examines the application to verify compliance with the law and determine whether the mark is distinctive and registrable. The DOI will also check whether the proposed trademark is similar to an already registered trademark. If any objections arise, the Department issues a notice to the applicant for clarification or amendment.
Publication in IP Bulletin
Once accepted, the mark is published by DOI in the Industrial Property Bulletin with a 90-day opposition period. Any person claiming prior rights may file an opposition within this timeframe of 90 days.
Registration and Certificate
If no opposition is filed—or if opposition is decided in favor of the applicant—the Department registers the trademark and issues a Certificate of Registration, granting exclusive rights for seven years from the date of registration.
Can the DOI Refuse to Register a Trademark?
Yes. The DOI can refuse to register a trademark under certain conditions. Section 18 of the Patent, Design and Trademark Act 2022 B.S. provides that the DOI can refuse if:
The DOI feels that such trademark may hurt the prestige of any individual or institution.
It adversely affects public conduct or morality.
It undermines the national interest.
It undermines the reputation of the trademark of any other person.
Such trademark is found to have already been registered in the name of another person.
Validity of Registered Trademark in Nepal
As per Section 18D of the Patent, Design and Trademark Act 2022 B.S., a duly registered trademark remains valid for 7 years from the date of registration and it can be renewed for any number of times for a period of 7 years at a time.
Renewal of Trademark in Nepal
As per Directive Number 17 of the Trademark Directives 2015 (2072 B.S.), a trademark can be renewed by submitting an application and paying the prescribed fee within 35 days of the expiration date. If the renewal deadline is exceeded, it can be renewed within 6 months by paying the prescribed fee and fine.
Government Fees for Trademark Registration & Related Procedures
| S. No. | Stage | Description | Fees (Nrs.) |
|---|---|---|---|
| 1 | Application Fee | At the time of filing | 1,000 |
| 2 | Registration Fee | Payable after approval/publication | 5,000 |
| 3 | Renewal Fee | Every 7 years | 500 |
| 4 | Late Renewal Fee | If renewed within 6 months after expiry | 1,000 |
Apart from this, legal service fees vary depending on the complexity of the mark, the number of classes, and whether opposition or objection proceedings arise.
Why Choose Pentagon Law Associates?
At Pentagon Law Associates, our Intellectual Property (IP) team assists clients in every step of the trademark process—from conducting preliminary searches to filing, publication, opposition handling, and renewal. We ensure that your brand's identity remains legally protected and commercially secure in Nepal's competitive business landscape.
Conclusion
Registering a trademark in Nepal is a vital step for any business aiming to secure its brand identity and prevent misuse. The process, though straightforward, requires legal precision to avoid objections and ensure lasting protection. Engaging a professional legal team ensures your intellectual property remains safeguarded for the long term.
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Frequently Asked Questions
On average, the process takes 6 to 7 months, depending on factors such as examination outcomes, oppositions, and administrative processing times at the Department of Industry.
A registered trademark is valid for 7 years from the date of registration and it can be renewed indefinitely upon payment of renewal fees.
Trademark applications are filed at the Department of Industry (DOI) under the Ministry of Industry, Commerce, and Supplies, located in Tripureshwor, Kathmandu.
Yes. You can renew your trademark within 35 days after expiry. A grace period of six months is also allowed upon payment of a late renewal fee.
Unauthorized use of a registered trademark constitutes Trademark Infringement. The aggrieved party can file a lawsuit including injunctions, damages, and seizure of infringing goods. As per Section 19 of the Patent, Design and Trademark Act 1965 (2022 B.S.) Trademark Infringement may be punished with a fine not exceeding NRs. 100,000 and articles and goods connected with such offense may be confiscated on the orders of the Department.
Yes. Foreign entities can apply for trademark registration in Nepal either directly or through a local agent or legal representative with a Power of Attorney.
Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. Readers are advised to consult a qualified legal professional for specific guidance.