Inside the DoI Trademark Section

The Department of Industry Trademark Section in Tripureshwor, Kathmandu is the sole government office that examines, publishes and registers every trademark in Nepal under the Patent, Design and Trade Mark Act 1965. It's where your application lands after you file, and where examiners compare your mark against every registered mark already on the books.

Key Takeaways

• The DoI Trademark Section is a unit inside the Department of Industry that handles the full lifecycle of a mark — from examination to registration and renewal.
• It operates under the Patent, Design and Trade Mark Act 1965 and follows the NICE Classification system with a strict one-application-per-class rule.
• Examiners check for distinctiveness, conflicts with existing registered marks, and whether the mark hurts public morality or national interest.
• Approved marks are published in the Industrial Property Bulletin, triggering a 90-day opposition window before a certificate is issued.
• The DoI also acts as a quasi-judicial body — its Law Division hears oppositions and can cancel unused marks, issuing decisions with the force of a district court.
• Registration lasts seven years and is renewable indefinitely; the renewal must be filed within 35 days of expiry, with a six-month late grace period available.
• Nepal is first-to-file, not first-to-use. The DoI grants rights to whoever submits a valid application first — not who used the mark earlier in the market.

What exactly is the DoI Trademark Section?

The DoI Trademark Section is the dedicated unit within Nepal's Department of Industry that receives, examines, publishes and registers every trademark application filed in the country. It's not a separate agency or tribunal — it's a government office sitting under the Ministry of Industry, Commerce and Supplies, housed at the DoI complex in Tripureshwor, Kathmandu. The section draws its authority directly from the Patent, Design and Trade Mark Act 1965, and its examiners are the people who decide whether your brand name, logo or wordmark meets the legal standard for registration.

In practice, this is the only counter that matters for anyone seeking trademark protection in Nepal. There is no regional office, no online self-filing portal for direct applicants, and no alternative registry. Everything flows through this team. The section also maintains the official trademark register — a searchable record of every live and expired mark — which you can query through a trademark database search before you file. Understanding how this office thinks and what it looks for is the single biggest advantage you can have when you apply.

What does the DoI examiner actually check?

When your application reaches an examiner's desk, they run a substantive review against the criteria in Sec. 18 of the PDTA. First, they check for distinctiveness — is your mark capable of distinguishing your goods or services from someone else's? A generic term like "Best Quality Rice" won't pass; a coined or suggestive name like "Himalayan Bite" stands a far better chance. Second, they search the register for conflicting marks. If a similar mark already exists for related goods or services in the same NICE class, the examiner will raise an objection.

Beyond conflicts, the examiner screens for marks that hurt the prestige of any individual or institution, go against public morality, or damage Nepal's national interest. A mark that incorporates the national flag, religious symbols in a disrespectful way, or the name of a living person without consent will be refused. The examiner may also ask for clarification or amendments. If you receive an objection notice, you get a chance to respond in writing — and this is where having a local representative who understands the office's internal reasoning makes a real difference. Our team at IP Sewa can help you draft that reply; reach us through our contact page and we'll walk you through it.

How does the Industrial Property Bulletin publication work?

Once the examiner is satisfied, your mark is published in the Industrial Property Bulletin — the DoI's official gazette for IP matters. Publication is mandatory under Sec. 21A of the Act and serves as public notice that the Department intends to register the mark. The Bulletin is not a widely circulated newspaper; it's a specialised government publication that IP professionals and competing businesses monitor. Once published, a 90-day opposition clock starts ticking.

During those 90 days, any third party who believes your mark infringes on their rights can file an opposition with the DoI's Law Division. The opposition must be in Nepali or accompanied by a notarised Nepali translation. If an opposition is filed, the DoI pauses the registration, conducts an inquiry, and hears both sides — effectively acting as a quasi-judicial body. The hearing process can add months to the timeline. If no opposition is filed within the window, the path is clear for registration.

Who works inside the DoI Trademark Section — and how do they make decisions?

The section is staffed by government examiners and administrators who operate under the Director General of the Department of Industry. These are career civil servants, not political appointees, and many have years of experience handling trademark files. They apply the Act, the Trademark Directives 2072 BS, and internal office practice notes. Their decisions are administrative but carry real weight — an examiner's refusal can block your registration unless you successfully appeal or amend your application.

A less visible but equally important part of the office is the Law Division. When an opposition is filed, this division steps in and functions as a tribunal. It summons both parties, examines evidence, and issues a binding ruling. By statute, these rulings carry force akin to a district court order. The same division handles cancellation actions — if a registered mark sits unused for one year, the DoI can cancel it under Sec. 18C. This quasi-judicial role is unique among Nepal's government departments and makes the Trademark Section far more than a clerical registry.

What happens after registration — renewal, cancellation and the register

A registered trademark in Nepal lasts for seven years from the date of registration, not the filing date. You can renew it indefinitely in further seven-year blocks. The renewal application must reach the DoI within 35 days of the expiry date. If you miss that window, there's a six-month grace period — but you'll pay a late fee to bring the mark back into good standing. If you let the six months lapse without renewing, the registration is automatically cancelled and the mark falls into the public domain.

The DoI also has the power to cancel a registered mark if it hasn't been put to genuine use within one year of registration. This use-it-or-lose-it provision means you can't simply warehouse a brand name and sit on it. The Trademark Section updates the register to reflect every renewal, cancellation, assignment and amendment. You can check the current status of any mark using the trademark database search tool, which queries the DoI's official records. For help filing a renewal before the deadline passes, see our trademark renewal service page.

Common mistakes applicants make when dealing with the DoI

A common mistake we see is filing a single application that covers goods and services across multiple NICE classes. The DoI strictly enforces the one-application-per-class rule under Sec. 18A of the Act. If your restaurant brand needs protection for food products (Class 30) and restaurant services (Class 43), you need two separate applications and two separate sets of fees. Another frequent error is submitting a mark that is too descriptive — the examiner will reject "Fresh Juice Shop" but might accept "Jusmandu" because it's distinctive and suggestive rather than generic.

Applicants also underestimate the importance of a pre-filing search. Skipping the search means you might spend months waiting for examination only to receive a conflict objection that could have been spotted in ten minutes. The DoI's search capability works well for word marks but is less reliable for figurative or logo elements, so a combined word-and-logo application needs extra care. If you need help identifying the right class before you file, our NICE class finder tool can narrow it down in seconds. For a deeper read on classification strategy, see our guide on how to choose the right trademark class in Nepal.

The DoI's wider role — quasi-judicial powers and why they matter

Beyond registration, the DoI Trademark Section and its Law Division can hear and decide disputes. When someone opposes your published mark, the DoI doesn't just forward the case to a court — it runs the hearing itself. The Law Division examines evidence, takes statements and issues a binding order. This quasi-judicial function is one of the least understood aspects of the office. It means the Trademark Section is simultaneously your examiner, your registrar and, if a dispute arises, effectively your first-instance judge.

This dual role has practical consequences. The same office that approved your mark can later cancel it if a third party successfully argues that the mark damages their goodwill. The standard of review inside the DoI is less formal than a courtroom but still follows legal procedure. For foreign applicants filing through a local agent, this is another reason why experienced representation matters — the agent isn't just filing paperwork; they're engaging with an office that can issue decisions with serious legal effect.

A realistic Nepal example: how a local brand moves through the section

Imagine a Pokhara-based coffee chain called "Yeti Brew." The owners file a trademark application for the wordmark and a stylised yeti-footprint logo in Class 43 for café services. The DoI examiner checks the register, finds no conflicting marks for coffee-shop services, and confirms the name isn't descriptive or offensive. The mark is published in the Industrial Property Bulletin. During the 90-day window, no one objects — though a competitor in Kathmandu runs a café called "Yeti Coffee House," they never registered the name and didn't monitor the Bulletin, so they miss their chance.

After the window closes, the owners pay the registration fee and receive their certificate. Seven years later, they file for renewal through a local agent and keep the mark alive. Because Nepal is first-to-file, the unregistered Kathmandu competitor has no legal ground to stop them — even though they used a similar name earlier. This is exactly why filing first matters, and why checking the Bulletin regularly or running a pre-filing owner search before you choose a brand name can save you from building a business on a mark someone else already owns.

In short

The DoI Trademark Section is the gatekeeper for every trademark right in Nepal. It examines, publishes, registers, renews and — when disputes arise — adjudicates. Understanding how this office works is not optional if you're serious about protecting a brand here. The process runs about 12 to 14 months end to end when unopposed, the registration lasts seven years, and the key is filing a distinctive mark in the right class before anyone else does. Nepal is first-to-file, and the DoI's register is the only record that counts.

People also search for

• How to register a trademark in Nepal — the full step-by-step process
• How long trademark registration takes in Nepal
• Documents required for trademark registration in Nepal
• How much trademark registration costs in Nepal
• What is the NICE classification — trademark classes explained
• How to choose the right trademark class for your business in Nepal

Ready to run your brand through the DoI's register before you commit? Start with a free trademark database search to spot conflicts early, or contact our team and we'll help you prepare an application that gives the examiner exactly what they need to see.