How do I Register a Trademark in Nepal?

What is a Trademark?

A trademark refers to a word, symbol, or picture, or a combination thereof, used by a firm, company, or individual in its products or services to distinguish them from the products or services of others.

Governing Authority

• Department of Industry (DOI)

Governing Law

• The Patent, Design and Trade Mark Act, 2022 (1965)
• Trademark Directive 2072

Trademark Registration Process in Nepal

1. Submission of Application for registration in DOI.
2. Preliminary Investigation by the DOI to determine whether the proposed trademark is similar to an already registered trademark or contravenes the Law.
3. DOI published Trademark in the IP bulletin.
4. Registration of Trademark and issuance of the Registration Certificate by the DOI if no opposition is received by a third party.

Documents Required for Trademark Registration in Nepal

1. Application of Trademark Registration
2. A certified copy of the registration certificate of the firm, company, individual, institution, or organization
3. A certified copy of the tax registration certificate of the firm, company, individual, institution, or organization applying for the trademark.
4. If applicable, a power of attorney as per the format in Schedule 2, either in original or notarized form, along with identification documents of the authorized representative.
5. A detailed description of the goods or services for which the trademark will be used, along with four copies of the trademark representation.
6. In the case of a foreign applicant, proof of registration or application for registration of the trademark in their home country, duly certified by the concerned authority.
7. Letter of competition for annual compliance.
8. Copy of Industrial Registration Certificates or License from the Concerned Authority.

Conditions for Refusal to Register the Trademark

Section 18 (1) of PDTA granted power to the DOI to reject the application for trademark registration on the following grounds:

• If such a trademark is deemed to harm the dignity of any individual or institution,
• If such a trademark has a bad effect on the well-being and morale of people in general or in the national interest,
• If such trademark affects the goodwill of the trademark of any other person, or
• If such a trademark has already been registered in the name of the other person.
• The trademark is contrary to the principles, norms, and international conventions of industrial property.

Frequently Asked Questions

How much time does it take to register a trademark in Nepal?

Generally, it takes about 12 to 14 months to complete the process of trademark registration.

Is it necessary to renew the trademark?

Yes, it is necessary to renew the registered trademark. Every 7 Years after the registration, the trademark should be renewed within 35 days of expiration. Rs. 500 should be paid as the renewal fee.

What is the amount of the government fee required for trademark registration?

Rs. 1000 should be paid as the application fee, and Rs. 5000 as the registration fee.

Can a foreigner register a Trademark in Nepal?

Yes, foreigners can register a trademark in Nepal.

How do I register a trademark in Nepal?

In Nepal, registering a trademark requires submitting an application to the Department of Industry, which takes 12–14 months to process. The Patent, Design and Trademark Act, 1965 (2022) (“PDTA”) has governed it. The procedure for registering a local trademark in Nepal is covered in this article.