1. Introduction

Trademark Registration in Nepal is conducted by submitting an application to the Department of Industry (DOI). The process is governed by the Patent, Design and Trademark Act, 1965 (2022 B.S.) (PDTA). This article covers the process of registration of a trademark in Nepal, including recent updates for 2026.

2. Legal basis for trademark registration in Nepal

A trademark does not get legal protection until it is registered with the competent authority in Nepal. Nepal operates under a first-to-file jurisdiction, meaning the first person or entity to file an application gains exclusive rights to the mark. A person desiring to register a trademark must submit a registration application pursuant to Section 17 of the PDTA.

3. Competent authority

The Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies registers and administers trademarks in Nepal.

4. Trademark registration process in Nepal

Step 1: Submission of Application

Submit the application for registration along with required documents and eight copies of the trademark to the DOI.

Step 2: Examination by DOI

The DOI examines the application to ensure it meets formal requirements, is distinctive, and does not conflict with prior registrations or contradict prevailing law. This phase typically takes 3–6 months.

Step 3: Publication in Industrial Property (IP) Bulletin

If accepted, the trademark is published in the Industrial Property (IP) Bulletin published by the DOI.

Step 4: Opposition Period

A petition for opposition against the applied trademark can be filed by a third party within 90 days of publication in the IP Bulletin.

Step 5: Registration

If no opposition is received, or if an opposition is decided in the applicant's favor, the trademark is registered and a registration certificate is issued. The registration fee is then payable.

5. Documents required for trademark registration

Documents to be submitted to the DOI include:

• Application for Trademark Registration (Form 1)
• Label of Trademark (8 copies)
• Power of Attorney: Signed by the applicant, sealed, and attested by two witnesses with notarization (especially for foreign applicants)
• Certificate of Registration of Proprietor: Company incorporation certificate / firm registration / “Gharelu” industry registration (as applicable)
• Tax Registration Certificate: VAT/PAN
• Proof of annual compliance: For companies (as applicable)
• Tax Clearance Certificate
• For foreign applicants: Certified/notarized copy of a valid trademark registration certificate for the same mark from the home jurisdiction

6. Grounds for refusal

Under Section 18(1) of the PDTA, the DOI has the power to reject a trademark registration application on the following grounds:

• Reputation: If such a trademark damages the reputation of any person or institution
• Public morals / national interest: If such a trademark contradicts public conduct/morale or national interest
• Goodwill conflict: If such a trademark damages the goodwill of another person's trademark
• Prior registration: If such a trademark has already been registered in the name of another person
• Distinctiveness: If the trademark is not distinctive or is a generic term

7. Time required for registration

Generally, it takes about 6 to 14 months to complete the process of trademark registration where no petition for opposition is filed. However, some sources indicate it may take 18-24 months in complex cases.

8. Validity and renewal

A registered trademark remains valid for 7 years from the date of registration. A trademark can be renewed any number of times for a period of 7 years at a time.

9. Government fees (illustrative)

Note: Professional legal service fees are separate and can range from NPR 5,000 to 25,000.

10. Frequently Asked Questions

• How do I get a trademark in Nepal?
• What is the provision of trademark in Nepal?
• How can I register a trademark in Nepal?
• What is the classification of trademark in Nepal?
• How much is the renewal fee for trademark in Nepal?
• What is the validity of trademark in Nepal?
• What is the use requirement for a trademark in Nepal?
• Can foreigners register trademarks in Nepal?