How to Transfer or Assign a Trademark in Nepal

To assign or transfer a trademark in Nepal, the current owner and the new owner must execute a written assignment deed and have it recorded with the Department of Industry (DoI). Without that recordal, the new owner has no legal standing to enforce, renew, or license the mark—the DoI's register is the only source of ownership rights under the Patent, Design and Trademark Act 1965.

Key Takeaways

• A trademark assignment in Nepal is the legal transfer of ownership from one person or company to another, and it must be in writing.
• The Department of Industry must approve and record the assignment; until it does, the buyer has no enforceable rights.
• Assignment can be with or without the goodwill of the business—both are possible under Nepali practice.
• The process typically takes 2–4 months from filing the assignment deed to receiving an updated registration certificate.
• A poorly drafted or unrecorded assignment can leave the mark vulnerable to cancellation or disputes.
• Our team can help you prepare the assignment deed, compile supporting documents, and file with the DoI—reach out here.

What is a trademark assignment in Nepal?

A trademark assignment is the legal transfer of ownership of a registered trademark—or an application that is pending—from one party to another. Under the Patent, Design and Trademark Act 1965 (PDTA), the Department of Industry recognises a new owner only after the assignment is recorded in the official register. Until then, the original owner retains all rights, including the power to renew, enforce, or licence the mark.

Why would you assign a trademark?

Assignments happen for practical business reasons: selling a company along with its brand portfolio, restructuring a group of companies, transferring a mark to a subsidiary, or settling a dispute. A common scenario in Nepal is a proprietor who registered a trademark in their personal name later transferring it to a private limited company they have formed. Without a formal recorded assignment, that company cannot sue for infringement or file for renewal when the seven-year term ends.

Who can assign or receive a trademark in Nepal?

Any registered owner—an individual, a firm, or a company—can assign their trademark. The new owner can be a Nepali national, a Nepali-registered entity, or a foreign person or company. Foreign assignees must still file through a Nepal-based agent or representative, because Nepal is not a member of the Madrid System and all filings with the DoI require a local address for service. A common mistake we see is a foreign parent company assuming it can record a cross-border assignment directly—the DoI will insist on a local agent.

How do you assign or transfer a trademark in Nepal?

The assignment process follows a defined sequence at the Department of Industry. Below are the steps you'll go through to record the transfer and get the updated certificate.

1. Prepare the assignment deed. The current owner and the new owner execute a written trademark assignment agreement. It must identify the mark, the registration number, the NICE class(es), and whether the transfer is with or without the goodwill of the business.
2. Gather supporting documents. Both parties compile the required paperwork—certificate of registration, tax clearance, company board resolution, and notarised power of attorney if an agent is filing. We detail the full list below.
3. File with the Department of Industry. The deed and supporting documents are submitted to the DoI along with the prescribed government fee for recording an assignment.
4. DoI examination and approval. The Department examines the submission to confirm the assignor is the rightful owner, the mark is valid and not in dispute, and the deed meets statutory requirements.
5. Recordal and updated certificate. Once approved, the DoI updates the trademark register and issues an amended registration certificate in the new owner's name.

What documents are needed for a trademark assignment in Nepal?

The DoI requires a complete documentary record before it will update the register. Missing even one item is a frequent cause of delays, so it pays to get the paperwork right from the start. Here is what both sides need to produce.

How long does a trademark assignment take in Nepal?

Plan on 2 to 4 months from the date you file the complete assignment papers with the DoI. Straightforward transfers—where the mark is undisputed, both parties are cooperative, and the paperwork is error-free—tend toward the shorter end. If the DoI raises queries, or if the original registration certificate is missing and a duplicate must be obtained first, the timeline stretches. The Department does not publish a statutory deadline for processing assignments, so much depends on the completeness of your submission and current workload at the DoI.

What does a trademark assignment cost in Nepal?

The total cost has two components: the government recordal fee paid to the Department of Industry, and the professional fee for preparing the deed and managing the filing. Because an assignment affects only an existing registration—not a new application—you do not pay a separate registration fee. The professional component varies with the complexity of the transaction: a simple intra-group transfer costs less than a contested or conditional assignment negotiated between unrelated parties. For a current figure tailored to your situation, try our trademark fee calculator or contact our team.

Assignment with goodwill vs. without goodwill

Under Nepali practice, a trademark can be assigned either with the goodwill of the underlying business or as a bare mark. An assignment with goodwill means the buyer gets the brand along with its customer recognition and reputation. This is the standard structure when you sell a business as a going concern. An assignment without goodwill is rarer and usually happens in restructuring scenarios—the mark moves to a holding company while the operating business continues separately. Be explicit in the deed: if the document is silent, the DoI may ask you to clarify.

What the law says about trademark assignment in Nepal

The Patent, Design and Trademark Act 1965 (PDTA) governs assignments. Sec. 21D provides that a registered trademark may be transferred only with the written permission of the registered owner. The Department of Industry's quasi-judicial authority extends to examining assignment applications and ensuring the transfer does not conflict with any pending opposition or cancellation proceeding. Nepal follows a first-to-file system, so the party recorded on the DoI register is the only one who holds legal title—a private sale agreement that is never recorded has no effect against third parties.

Common mistakes that delay or derail an assignment

• No written deed. A verbal agreement or email chain will not satisfy the DoI. The assignment must be in writing, signed, and witnessed.
• Not checking the mark's status first. If the registration has already lapsed or is in the middle of an opposition, the DoI will reject the assignment until that is resolved.
• Missing company board resolution. When a company is the assignor or assignee, the DoI expects a resolution authorising the transfer. Skipping this stalls the file.
• Filing before the certificate is located. If the original registration certificate is lost, you must apply for a duplicate first—adding weeks to the timeline.
• Leaving the goodwill question ambiguous. A deed that does not state whether goodwill is included invites DoI queries. Write it clearly.

A realistic Nepal scenario: café brand moves from proprietor to company

Imagine a café called "Himal Java" that started as a sole proprietorship in Pokhara. The founder registered the wordmark and logo under NICE Class 43 five years ago. Now he wants to bring in investors and has incorporated Himal Java Pvt. Ltd. The trademark is the business's most valuable asset—it is what customers recognise. To complete the restructuring, the proprietor signs an assignment deed with goodwill transferring both marks to the new company. The company's board passes a resolution accepting the transfer. An agent files the deed, the board resolution, the registration certificate, and the tax clearance with the DoI. About ten weeks later, the DoI issues an updated certificate in the company's name. Now the company can renew the mark in its own right and include it on its balance sheet.

Alternatives and edge cases

If you only need to change the owner's name (for example, after a marriage or a simple company name change), you are not assigning the mark—you are requesting a record amendment, which follows a lighter process and a different fee at the DoI. If the mark is still a pending application rather than a registered trademark, it can still be assigned, but the assignee steps into the applicant's shoes and assumes any outstanding examiner objections. Licensing is not assignment: if you want to let someone else use the mark while you keep ownership, a registered-user or licence arrangement is the right tool—not an assignment deed. Our team can advise on which path fits your situation; get in touch here.

In short

A trademark assignment in Nepal is a formal, recorded process—not a handshake deal. The Department of Industry will only recognise a new owner after it approves a written deed and supporting documents. Skip the recordal, and the transfer has no legal force. Get it right, and the new owner steps into a clean, enforceable registration that holds its value through renewal cycles and business changes.

Before you start an assignment, run a quick check on the mark's current status with our trademark database search. If you're ready to transfer a mark or need help preparing the assignment deed, contact our team or explore our trademark services for end-to-end support. Still exploring? Browse our FAQs for answers to common questions.

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