Local Trademark Registration in Nepal

Local Trademark Registration in Nepal

An individual who has started a business or industry in Nepal can use symbolic words to expand their business and distinguish themselves.

To ensure trademark protection, the trademark must be mandatorily registered in Nepal under the Patent, Design, and Trademark Act of 1965.

Trademark protection can be obtained only after the trademark is registered in Nepal.

Section 16 of the Patent Act states that only the person who registers the trademark with the Department of Industry will acquire title to it.

What is Trademark?

TRADEMARK is a word, symbol, or picture, or a combination of the three, that is used to distinguish or identify the products used for sale and business purposes, such as any word, symbol, or picture, or a combination of the three, that is used to distinguish or identify the goods or services produced by another firm, company, or individual, or the service provided by it.

The procedure for registering a local trademark

Trademarks play a critical role in protecting your hard-earned business. To register it, follow the steps below. While going through the trademark registration process, a separate application for goods and services should be submitted, according to Section 18(a) of the Patent, Design and Trademark Act 1965 (2002).

The Government of Nepal may classify goods and services for the purpose of registering a trademark relating to them.

1. Research on Trademarks

Entrepreneurs in Nepal who have started a business or industry may be unaware of the importance of TM research. It is inadequate for business owners or entrepreneurs to have a distinct brand name in mind. Conducting Trademark Research is also essential.

A trademark search will inform you if there are similar trademarks available and will provide you with an accurate picture of where your trademark stands; it may also reassure you of the possibility of trademark litigation. Why waste money on time-consuming trademark litigation if you can avoid it in the first place?

2. Filing a Trademark Application

After you have determined that your desired brand name or logo is not listed in Nepal’s Trademark Registry. Following that, an application should be filed in accordance with Section 17 of the Patent, Design, and Trademark Act of 2022(1965). Anyone wishing to register a trademark for his or her trade or business under the act must submit an application to the Department in the prescribed format along with:

A copy of the company’s registration or license for the product or service for which the trademark is being used or intends to be used.

b) Four copies of the trademark model.

c) A letter of authorization if someone has been authorized to act on the owner’s behalf to    register the trademark.

d) Receipt of the prescribed application fee payment.

e) For the registration of trademarks for different categories of goods or services, separate applications must be submitted.

The first step is to file a trademark application with the Department of in Nepal.

3. Examination

An official receipt is issued immediately after the application is filed. The Department conducts required examination and vetting in accordance with Section 18 of the Patent, Design, and Trademark Act of 1965 (2022). In order to conduct the examination, a timeframe is established. If a counterclaim is made during the assessment, the department must investigate it.

Following the filing of a trademark application, the examiner reviews it for any discrepancies. The examination could take 3 to 5 months. The examiner may accept the trademark unconditionally, conditionally, or objectively. According to Section 21 (a) of the Patent, Design, and Trademark Act of 1965 (2022), the trademark is published if it is unconditionally accepted.

If the conditions to be fulfilled or the objections are not accepted unconditionally, they will be mentioned in the examination report, and a month will be given to fulfill the conditions or respond to the objections.

4. Mark publication in the IP Bulletin

As a matter of course, it must be published, including in India. However, it does not oblige in Nepal but states that it may be published. The department may publish the registered design and trademark, as well as a statement, for the general public’s information under Section 21(a) of the Patent, Design, and Trademark Act of 1965 (2022).

The step of publication is incorporated into the trademark registration process, according to Section 21 (b) of the said Act, so that anyone who objects to the registration of the trademark has the opportunity to oppose it. The trademark is registered if there is no opposition within 3-4 months of publication.

If there is opposition, the Registrar holds a fair hearing and makes a decision.

5. Period of Opposition (35 days from the date of publication).

If an opposition is filed against the trademark, an application must be filed within 35 days of its publication. Based on the opposition, a decision should be made.

If such a trademark is deemed to have a negative impact on the dignity of any individual or institution, it will be eliminated. If such trademark has a negative impact on the general well-being and morale of people or the national interest, if such trademark has a detrimental effects on the goodwill of any other person’s trademark, or if such trademark has already been registered in the name of the other person.

The trademark, which is in violation of industrial property principles, norms, and international conventions. In such a case, the trademark is null and void.

6. Certificate of Registration

If the trademark is found to be registrable after examination, the Department will register it in the applicant’s name and issue a certificate. The applicant must pay the registration fee for the trademark as specified in the schedule.

A registration certificate with the Trademark Office’s seal is issued following publication in the Trademark Journal. After examination, if the trademark is found to be registrable, the Department will register it in the applicant’s name and issue a certificate.7.   

7. Renewing

The trademark time limit is seven years, as stated in Section 18 (c) of the Patent, Design, and Trademark Act of 1965. (2022). The trademark is renewable indefinitely every 7 years. As a result, you can protect your logo or brand name registration indefinitely. As the preceding examples show, trademark registration in Nepal is a straightforward procedure.

The fine for exceeding the time limit for the first 6 months is NRP 1,000.


If a registered trademark owner’s rights are violated and he or she uses a trademark that has been cancelled by the department, the offender may be fined and all goods associated with the offense may be confiscated.

In relation to a patent, design, or trademark registered under the act, the Department may cause a reasonable amount of the loss incurred by anyone as a result of a violation of the act to be paid as compensation to the person who truly suffered from such loss and in whose name the patent, design, or trademark was registered, from the person who committed the violation.

f you need such legal assistance, please contact us at +977-9849517735 or info@corporatelawyernepal.com.np

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