Registering a Foreign Trademark in Nepal

FinLex Associates

Comprehensive Guide to Foreign Trademark Registration in Nepal

Nepal’s trademark registration system operates under the Patent, Design, and Trademark Act of 1965 (2022) (“PDTA”). This guide explains the process for registering foreign trademarks and securing legal protection in Nepal.

Legal Requirements for Foreign Trademark Registration in Nepal

To secure legal rights, foreign trademarks must be formally registered within Nepal. As per Section 21A of the PDTA, trademarks not registered in Nepal are not protected under Nepalese law. Although Nepal is a member of the Paris Convention (1886), the PDTA does not provide explicit protection for "well-known" trademarks. Therefore, even globally recognized trademarks require registration with the Department of Industry (DOI).

Governing Body for Trademark Registration

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

Steps to Register a Foreign Trademark in Nepal

Submit an application to the DOI.
The DOI conducts a review to ensure the trademark is unique and complies with local laws.
The trademark is published in the Industrial Property Bulletin, issued quarterly.
If no objections are raised within 90 days of publication, the trademark is registered. Objections can be filed during this period.

Required Documents for Registration

Applicants must provide the following documents for foreign trademark registration:

Document	Copies	Notary Required
Application Form for Foreign Trademark	1 Original	No
Foreign or Home Registration Certificate	1 Copy	Yes
Trademark Design/Label	4 Color Copies	No
Power of Attorney	1 Original	Yes

Reasons for Rejection

The DOI may reject an application under Section 18(1) of the PDTA for reasons such as:

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

Registration Timeline and Validity

The entire registration process typically takes 6 to 9 months, assuming no objections are raised. Registered trademarks are valid for seven years and can be renewed indefinitely for additional seven-year terms.

Trademark Classification System

Nepal follows the Nice Classification System (1957), categorizing goods into 35 classes and services into 11 classes. Separate applications and fees are required for each class.

Government Fees for Trademark Registration

Particular	Government Fee
Application Submission Fee	NPR 1,000 (Approx. USD 10)
Trademark Registration Fee	NPR 5,000 (Approx. USD 50)

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Disclaimer

This information is for educational purposes only and does not constitute legal advice. FinLex Associates reserves all rights to this content.

Contact FinLex Associates for expert legal advice.

FAQ

Trademark registration in Nepal is governed by the Patent, Design, and Trademark Act of 1965 (2022) (PDTA). Foreign trademarks must be registered to obtain legal protection.
Under Section 21A of the PDTA, unregistered trademarks do not receive protection in Nepal, even if they are well-known internationally. Registration is essential to secure rights in the country.
The Department of Industry (DOI), under the Ministry of Industry, Commerce, and Supplies, oversees trademark registration. For more information, visit the DOI's official website.
1. Submit an application to the DOI.
2. DOI conducts an initial review for compliance and similarity to existing marks.
3. The trademark is published in the Industrial Property Bulletin.
4. If no objections are raised within 90 days, the trademark is registered.
- Application Form for Foreign Trademark (1 Original)
- Foreign or Home Registration Certificate (1 Copy, Notarized)
- Trademark Design/Label (4 Color Copies)
- Power of Attorney (1 Original, Notarized)
- Already registered by another party
- Infringing on existing trademark goodwill
- Harmful to the image of individuals or groups
- Violating public morality or national interest
The registration process typically takes 6 to 9 months, assuming no opposition is filed.
Once registered, a trademark is valid for seven years and can be renewed for additional seven-year terms indefinitely.
Nepal uses the Nice Agreement classification system, dividing goods into 35 classes and services into 11 classes. Separate applications and fees are required for each class.
- Application Submission Fee: NPR 1,000 (Approx. USD 10)
- Trademark Registration Fee: NPR 5,000 (Approx. USD 50)