Registering a Foreign Trademark in Nepal

Nepal’s system for trademark registration operates under the Patent, Design, and Trademark Act of 1965 (2022) (“PDTA”). This guide walks you through how foreign trademarks can be registered in the country.

1. Legal Requirements for Foreign Trademark Registration in Nepal

To obtain legal protection, foreign trademarks must be formally registered in Nepal. Section 21A of the PDTA states that trademarks not registered within Nepal’s jurisdiction do not enjoy protection under the country’s law.

Although Nepal is a member of the Paris Convention (1886), the PDTA does not explicitly safeguard “well-known” foreign trademarks. Therefore, foreign companies or individuals, even with globally recognized marks, must still register their trademarks with the Department of Industry (DOI) to secure rights in Nepal.

2. Governing Body for Trademark Registration

The Department of Industry (DOI), which functions under the Ministry of Industry, Commerce, and Supplies, is responsible for overseeing trademark registration in Nepal. For further information, visit their official website: http://www.doind.gov.np/.

3. Steps to Register a Foreign Trademark in Nepal

Here’s the process of securing trademark rights in Nepal:

Step 1: Submit an application to the DOI.
Step 2: The DOI conducts an initial review to verify that the trademark (a) does not closely resemble existing registered marks and (b) complies with local regulations.
Step 3: The proposed trademark is published in the Industrial Property Bulletin, which is issued quarterly.
Step 4: If no objections are raised within 90 days of publication, the trademark will be registered. Any third party may file an opposition during this period.

4. Primary Documentation for Registration

To register a foreign trademark in Nepal, applicants must provide a registration certificate from their home country or any other foreign jurisdiction where the trademark is already registered.

In cases where the trademark has been filed in another country but not yet registered, applicants can still file in Nepal, utilizing a six-month priority period as granted by the Paris Convention.

5. List of Required Documents for Trademark Registration

The following documents must be submitted for trademark registration in Nepal:

6. Reasons for Rejection of Trademark Applications

According to Section 18(1) of the PDTA, the DOI can deny a trademark registration based on the following grounds:

• The trademark is already registered by another party.
• It infringes on the reputation or goodwill of an existing trademark.
• The trademark harms the image of an individual, group, or institution.
• It violates public morality or is detrimental to the national interest.

7. Timeline for Completing Trademark Registration

The complete process of registering a foreign trademark, assuming no opposition is filed, typically spans 6 to 9 months.

8. Duration of Trademark Validity

Once registered, a trademark is valid for a period of seven years. Upon expiration, it can be renewed for additional seven-year terms indefinitely.

9. Trademark Classification System in Nepal

Nepal follows the classification system established by the Nice Agreement (1957). This system divides goods into 35 different classes and services into 11 classes. Separate applications and government fees are required for registering a trademark under each class.

10. Fees for Trademark Registration

Disclaimer: This information is presented solely for educational purposes and should not be considered legal advice.

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