Trademark Registration in Nepal

Trademark registration in Nepal is facilitated through an application submitted to the Department of Industry (DOI), with the entire process typically requiring 12 to 14 months for completion. The governing legislation is the Patent, Design, and Trademark Act, 1965 (2022) ("PDTA"). This article provides an in-depth look at the procedure for registering a local trademark within Nepal.

1. What is the legal basis for local trademark registration in Nepal?

A trademark does not benefit from legal protection until it has been duly registered with the competent authority in Nepal. According to Section 17 of the PDTA, individuals or entities seeking to secure their trademark must submit a formal application for registration to the DOI.

2. Which authority is responsible for trademark registration in Nepal?

The Department of Industry (DOI), functioning under the Ministry of Industry, Commerce, and Supplies, is the authority responsible for the administration and registration of trademarks in Nepal. Further details can be accessed on their official website: http://doind.gov.np/.

3. What is the procedure for registering a trademark in Nepal?

Outlined below is the procedural sequence for registering a local trademark:

Step 1:

Submission of the application for trademark registration to the DOI.

Step 2:

The DOI will conduct a preliminary assessment to verify that the proposed trademark neither bears resemblance to any existing registered trademarks nor contravenes any of the prevailing laws.

Step 3:

If no significant issues are identified, the trademark will be published in the Industrial Property Bulletin, which is issued every three months.

Step 4:

Should no opposition be raised by a third party within 90 days of publication, the trademark will be successfully registered.

4. What documentation is required for trademark registration in Nepal?

To proceed with the registration of a local trademark, the following documents must be furnished to the DOI:

• Application for Trademark Registration (1 original set)
• Trademark Label (4 copies)
• Power of Attorney (1 original)
• Certificate of Company Registration
• Tax Registration Certificate (1 copy)
• Letter confirming completion of annual compliance
• Tax Clearance Certificate
• Industrial Registration Certificate or License issued by the relevant authority (1 copy)

5. On what grounds may trademark registration be refused?

As per Section 18(1) of the PDTA, the DOI reserves the right to reject an application for trademark registration on the following grounds:

• If the trademark undermines the reputation of any individual or entity.
• If the trademark is contrary to public morality, ethical standards, or the national interest.
• If it damages the goodwill associated with an existing trademark.
• If the trademark is already registered in the name of another individual or company.

6. What is the timeframe for completing trademark registration?

In general, the process for registering a trademark in Nepal takes between 12 and 14 months, assuming that no opposition is filed.

7. What is the validity period for a registered trademark?

Once registered, a trademark in Nepal remains valid for a period of seven years from the date of registration. The trademark may be renewed for successive seven-year periods without limitation.

8. What are the applicable 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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This information is provided for educational purposes only and should not be construed as legal advice. FinLex Associates retains exclusive rights to the content.