Registering a Foreign Trademark in Nepal: Complete Legal Guide

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

1. Submit an application to the DOI.
2. The DOI conducts a review to ensure the trademark is unique and complies with local laws.
3. The trademark is published in the Industrial Property Bulletin, issued quarterly.
4. 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:

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

Disclaimer

This article is for educational purposes only and should not be considered legal advice. FinLex Associates holds exclusive rights to this content.