Trademark Registration

Trademark registration in Nepal is governed by the Patent, Design and Trademark Act, 1965 (PDTA). A trademark is a unique identification—a symbol, name, logo, or text—that distinguishes a business entity, its products, or services from competitors. Once legally registered, the trademark becomes your intellectual property and cannot be used by any other person or business entity without your consent.

At Court Marriage in Nepal Pvt. Ltd., we provide complete legal assistance for trademark registration in Nepal. Our experienced legal team guides you through trademark search, classification selection, documentation, and the complete registration process.

Governing Law and Authority

Governing Law: Patent, Design and Trademark Act, 1965 (PDTA)

Competent Authority: Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies

Website: www.doind.gov.np

What Can Be Registered as a Trademark?

Product/Business Name: Company names, product names, abbreviations (e.g., BMW, Apple)

Logo/Symbol: Distinctive logos that differentiate your business from competitors

Business Tagline: Unique taglines that showcase your business mission (e.g., Nike's "Just Do It")

Shapes and Others: Particular product shapes, colors, patterns, packaging, and certification marks

Why Register a Trademark?

Legal Protection: A trademark does not get legal protection until registered. Registration gives you the right to sue anyone copying or using your trademark without consent.

Establish Credibility: Registered trademarks increase visibility, market presence, and restrict competitors from using similar marks.

Increase Brand Value: Trademark is an intangible asset that can be bought, sold, or licensed to expand business.

Attract Investment: Registered trademarks give investors and partners security about brand value and customer loyalty.

Trademark Registration Process in Nepal

Step 1: Submission of Application to DOI

Submit the application in prescribed form to the Department of Industry along with all required documents and four copies of the trademark label.

Step 2: Preliminary Examination by DOI

DOI verifies authenticity and completeness of documents. It checks whether the proposed trademark conflicts with already registered trademarks or contradicts prevailing law. DOI holds the right to accept or refuse the application.

Step 3: Publication in Industrial Property Bulletin

If no violation is found, DOI publishes the applied trademark in the Industrial Property (IP) Bulletin, which is published every 3 months. The public is invited to oppose registration within 90 days of publication.

Step 4: Registration of Trademark

If no opposition is filed within 90 days, DOI registers the trademark and issues the registration certificate.

Documents Required for Trademark Registration

1. Application for Trademark Registration (1 set original)

2. Label of Trademark (4 copies)

3. Power of Attorney (1 original)

4. Certificate of Registration of Proprietor Firm or Company

5. Tax Registration Certificate (PAN/VAT) (1 copy)

6. Letter of completion of annual compliance

7. Tax Clearance Certificate

8. Industrial Registration Certificate or License from Concerned Authority (1 copy)

Government Fees

Application Fee: NPR 1,000

Registration Fee: NPR 5,000

Renewal Fee: NPR 500

Late Renewal Penalty: NPR 1,000 (if renewed after 35 days but within 6 months of expiry)

Timeline and Validity

Registration Time: 12-14 months (where no opposition is filed)

Validity: 7 years from the date of registration

Renewal: Can be renewed for any number of times for a period of 7 years each

Trademark Renewal

Trademark must be renewed within 35 days of expiry. If not renewed within this period, it can still be renewed within 6 months from expiry with a penalty of NPR 1,000.

Warning: If renewal is not made within the given time, the registration will be canceled and the owner can no longer claim legal rights over the trademark.

Trademark Classification (NICE Classification)

Nepal follows the NICE Classification system for trademark registration. There are 45 classes in total:

Class 1-34: Cover various products (industrial, agricultural, tobacco, etc.)

Class 35-45: Cover services (advertisement, management, social welfare, security, etc.)

If your business has products or services falling under multiple classes, separate registration in each class is mandatory to protect every aspect of your business.

Grounds for Refusal of Registration

Under Section 18(1) of PDTA, DOI can reject trademark registration on the following grounds:

1. If the trademark damages the reputation of any person or institution

2. If the trademark contradicts public conduct/morale or national interest

3. If the trademark damages goodwill of trademark of any other person

4. If the trademark is already registered in another person's name

5. If the trademark is contrary to industrial property principles, norms, and international conventions

When Should You Register a Trademark?

After Business Registration: Secure your trademark at the start of operations to protect intellectual property from the beginning.

When Products Become Popular: Don't delay registration once your business starts growing and products become known to customers.

Launching New Products: Register trademarks for new products before market launch to prevent identity theft.

Why Choose Us?

Trademark Search: We conduct comprehensive trademark searches to ensure your proposed mark doesn't conflict with existing registrations.

Class Selection Guidance: We help you identify the correct NICE classification for your products and services.

Document Preparation: We prepare and file all required documents on your behalf.

Application Filing: We file trademark registration application at DOI after obtaining authorization.

Status Updates: We provide constant updates throughout the 12-14 month registration process.

Renewal Assistance: We assist with trademark renewals to ensure continued protection.