Yes, you can sell your trademark in Nepal—but only if you formally transfer ownership through the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. Without this assignment, the buyer has no legal right to use or enforce the mark, even if you’ve signed a private sale agreement.
Key Takeaways
- Nepal allows trademark sales through a legal process called assignment, recorded by the DoI.
- You must file an assignment application with supporting documents—no automatic transfer from a private sale.
- The DoI charges a government fee for the assignment, separate from professional service fees.
- Both seller and buyer must sign the assignment deed, which must be notarised and witnessed.
- Once recorded, the buyer becomes the new legal owner and can renew or enforce the trademark.
- Unrecorded assignments are invalid against third parties—only the registered owner can sue for infringement.
- Trademarks can be sold in full or partially (e.g., for specific goods or regions within Nepal).
What does “selling a trademark” mean in Nepal?
Selling a trademark in Nepal means transferring ownership of a registered mark from one person or business to another. Under the Patent, Design and Trademark Act 1965 (Sec. 21D), this transfer—called an assignment—must be recorded with the Department of Industry (DoI) to be legally valid. Until the DoI updates its register, the original owner remains the only person who can renew, license, or sue for infringement.
Who can sell a trademark in Nepal?
Any registered trademark owner can sell their mark in Nepal, whether they’re a Nepali citizen, a local company, or a foreign business. The DoI treats all owners equally under Sec. 21D of the Act. Foreign sellers must work through a Nepal-based agent or representative, just as they did when they first registered the mark.
What documents do I need to sell my trademark?
To sell your trademark in Nepal, you’ll need these documents, all filed with the DoI: a signed and notarised assignment deed, the original registration certificate, a notarised Power of Attorney if you’re using an agent, and a board resolution if the seller or buyer is a company. The deed must clearly state the trademark number, the goods or services it covers, and the full names of both parties.
How do I sell my trademark step by step?
Follow these five steps to sell your trademark in Nepal and ensure the buyer becomes the legal owner:
- Draft the assignment deed. Write a clear deed that names the trademark registration number, the goods or services it covers, and the full legal names of both the seller and buyer. Include the sale price or state that the transfer is a gift if no money changes hands.
- Notarise the deed. Both parties must sign the deed in front of a notary public. The notary verifies identities, witnesses the signatures, and stamps the document. If either party is a company, the deed must also be sealed with the company’s official stamp.
- File at the DoI. Submit the notarised deed, the original registration certificate, and any other required documents to the Department of Industry. You’ll pay the government assignment fee at this stage. The DoI gives you a receipt with a filing number—keep this safe.
- Wait for DoI examination. The DoI checks that the deed meets all legal requirements and that the trademark is still valid. If everything is correct, they update their register. If there’s a problem, they’ll ask you to fix it within a set time.
- Receive confirmation. Once the DoI records the assignment, they issue a new registration certificate in the buyer’s name. The buyer is now the legal owner and can renew the trademark, license it, or take legal action against infringers.
How long does it take to sell a trademark in Nepal?
Selling a trademark in Nepal typically takes 4 to 6 weeks from filing the assignment to receiving the new registration certificate. The Department of Industry usually examines the documents within 3 to 4 weeks. If the DoI finds any issues, such as missing signatures or unclear terms in the deed, the process can take longer while you correct the problems.
What are the costs involved in selling a trademark?
The cost to sell your trademark in Nepal depends on two main factors: the government assignment fee set by the Department of Industry, and any professional service fees if you hire an agent or lawyer to prepare and file the documents. The government fee is a fixed amount per trademark, while service fees vary depending on the complexity of the assignment and the provider you choose.
To get a current estimate tailored to your situation, use the trademark fee calculator or contact IP Sewa for a quote.
What happens if I don’t record the sale with the DoI?
If you sell your trademark privately but don’t record the assignment with the Department of Industry, the sale is not legally valid in Nepal. The original owner remains the only person who can renew the mark, license it, or sue for infringement. The buyer has no legal protection—if someone copies the mark, the buyer can’t take action, and if the original owner lets the registration lapse, the buyer loses all rights.
Can I sell only part of my trademark?
Yes, you can sell part of your trademark in Nepal under Sec. 21D of the Act. This is called a partial assignment. You can transfer ownership for specific goods or services within the same NICE class, or for a specific geographic area within Nepal. For example, if you own a trademark for “Himalayan Honey” covering both honey and beeswax (Class 31), you could sell only the honey rights to one buyer and keep the beeswax rights yourself.
What’s the legal basis for selling a trademark in Nepal?
Selling a trademark in Nepal is governed by Sec. 21D of the Patent, Design and Trademark Act 1965. This section allows the owner of a registered trademark to transfer ownership to another person or business. The Act requires that the transfer be recorded with the Department of Industry to be legally effective. The same section also covers licensing, but selling (assignment) is a permanent transfer of ownership, not just permission to use the mark.
What are common mistakes when selling a trademark?
Three common mistakes can derail a trademark sale in Nepal:
- Not notarising the assignment deed. The DoI will reject any deed that isn’t properly notarised and witnessed. Both parties must sign in front of a notary public, and the notary must stamp the document.
- Forgetting the original registration certificate. The DoI needs to see the original certificate to verify the trademark’s status. If you’ve lost it, you’ll need to request a duplicate first.
- Assuming a private sale is enough. Many sellers think a signed contract or handshake deal transfers ownership. In Nepal, only the DoI’s register matters—until the assignment is recorded, the original owner remains the legal owner.
Can I sell a trademark that’s still being registered?
Yes, you can sell a trademark that’s still being registered in Nepal, but the assignment won’t take effect until the mark is officially registered. The buyer essentially buys the right to receive the registration certificate when it’s issued. If the application is rejected, the sale falls through. To protect both parties, the assignment deed should clearly state that the sale is conditional on the trademark being registered.
Can a foreigner buy my trademark in Nepal?
Yes, a foreigner or foreign company can buy your trademark in Nepal. The process is the same as for a Nepali buyer, but the foreign buyer must appoint a Nepal-based agent or representative to handle the filing. The agent needs a notarised Power of Attorney from the buyer, just as they did when the trademark was first registered. The DoI treats all buyers equally once the assignment is recorded.
A realistic Nepal example: Selling a local tea brand
Imagine you own “Kanchenjunga Tea”, a registered trademark in NICE Class 30 for tea and tea products. A larger Nepali tea company wants to buy your brand to expand their product line. You agree on a price and draft an assignment deed that lists the trademark number, the goods (tea, tea bags, loose-leaf tea), and both companies’ names. Both parties sign the deed in front of a notary, and you file it with the DoI along with the original registration certificate and a board resolution from each company.
After 5 weeks, the DoI updates its register, issues a new certificate in the buyer’s name, and publishes the change in the Industrial Property Bulletin. The buyer now owns “Kanchenjunga Tea” and can use it exclusively for tea products in Nepal. You no longer have any rights to the mark, but you’ve received the agreed sale price.
In short
- Selling a trademark in Nepal requires a formal assignment recorded by the Department of Industry.
- You need a notarised assignment deed, the original registration certificate, and other supporting documents.
- The process takes 4 to 6 weeks when everything is in order.
- Unrecorded sales are not legally valid—only the registered owner can enforce the mark.
- You can sell the whole trademark or just part of it (specific goods or regions).
- Foreign buyers must use a Nepal-based agent to file the assignment.
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Ready to sell your trademark? Start by checking its currentstatus with the owner and applicant search tool, then file your assignment through IP Sewa. If you’re unsure about any step, contact us for expert help.
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