Inside the DoI Trademark Section

The DoI Trademark Section Nepal is the Department of Industry unit that examines, publishes and registers trade marks under the Patent, Design and Trademark Act 1965. A straightforward unopposed application usually takes about 12–14 months, including publication in the Industrial Property Bulletin and a 90-day opposition period.

Key Takeaways

The Department of Industry controls trademark registration in Nepal under the PDTA, with rights arising through registration and first-to-file priority. Its examination, Bulletin publication, 90-day opposition process and certificate issuance decide whether your wordmark or logo becomes a registered mark for seven renewable years.

• The DoI Trademark Section is Nepal’s national trademark registry, not a private registration agency.
• Nepal follows first-to-file: the first valid application normally has the stronger position.
• The examiner checks conflicts, distinctiveness and legal grounds for refusal under Sec. 18.
• Every application protects one NICE Classification class; a multi-class brand needs separate applications.
• Accepted applications appear in the Industrial Property Bulletin before registration.
• Any person may file a trademark opposition in Nepal during the 90-day publication period.
• A registration certificate lasts seven years and can be renewed in further seven-year terms.

What is the DoI Trademark Section in Nepal?

The DoI Trademark Section is the Department of Industry trademark office that administers trademark applications under the Patent, Design and Trademark Act 1965. It receives applications, examines proposed marks, publishes accepted marks in the Industrial Property Bulletin, handles registration records and issues certificates with a seven-year renewable term.

A trademark is a word, symbol, picture, or combination used to distinguish one business’s goods or services from another’s. It can protect a business name used as a brand, a product name, a logo, or a combined word-and-logo mark. It does not automatically protect every use of a company name registered with the Office of the Company Registrar (OCR).

That distinction matters. OCR registration establishes the company’s corporate identity. A DoI registration concerns the mark used in the market. A café incorporated under one name may still need brand registration for the name displayed on its signboard, cups, food-delivery listings and packaged products.

The DoI is Nepal’s central industrial-property authority. It also acts in a quasi-judicial role in trademark disputes, especially where an opposition or cancellation request requires inquiry and a decision. The official Department of Industry website is the primary public authority, though practical filing work still needs careful preparation.

What does DoI trademark examination check?

DoI trademark examination checks whether a mark can legally register under Sec. 18 of the PDTA, including whether it conflicts with another mark or harms another mark’s goodwill. The examiner also considers public morality, national interest and whether the proposed wordmark or logo can distinguish your goods or services.

Distinctiveness is the key practical issue. A mark that merely describes the goods often has weak protection. “Fresh Momo” for a momo outlet tells customers what is sold, not who provides it. A more unusual name, used consistently as a source identifier, is easier to separate from ordinary trade language.

Similarity is not limited to identical spelling. Examiners may consider sound, appearance and commercial impression, especially for related goods or services. A similar-sounding tea brand in the same product class can create problems even if its label uses different colours or a different font.

A common mistake we see is filing a logo without also thinking about the word within it. A logo may change as the business grows. If the word is central to the brand, separate wordmark registration can be worth considering. Before filing, use the public Nepal trademark database search and seek a fuller conflict review where the name is commercially important.

Which NICE classes does the DoI Trademark Section use?

The DoI applies the NICE Classification, an international list of 45 goods and service classes, when it examines a trademark application. Sec. 18A requires a separate application for each class, so one Nepal filing does not automatically protect a brand across products, retail services and hospitality services.

Classes 1–34 cover goods, while Classes 35–45 cover services. The correct class follows what you actually sell or provide, not simply what your company is called. A business can need more than one class where its branded activity crosses goods and services.

For example, imagine “Kalo Chiya House,” a Nepal-style tea brand selling packaged tea and operating a café. Class 30 may fit its tea goods, Class 43 its café service, and Class 35 may matter if retail activity is a separate priority. The NICE class finder can help you start the classification exercise, but the final specification should match your real business plan.

How does the Department of Industry trademark process work?

The Department of Industry processes a trademark through filing, examination, Industrial Property Bulletin publication, a 90-day opposition window, registration and certificate issuance. An unopposed case typically takes about 12–14 months, although exceptionally straightforward files can move in about 6–8 months when no issue delays examination or registration.

1. Search the mark. Check identical and similar words, spellings and relevant classes before committing to packaging or advertising.
2. Choose the class and goods or services. Define the products or services accurately under NICE Classification.
3. File the application. Submit the prescribed form, mark label and supporting papers to the DoI for each class.
4. Respond to examination issues. The DoI may seek clarification, raise a conflict concern or refuse a mark that fails Sec. 18.
5. Wait for Bulletin publication. A qualified application is published so others can see and challenge it.
6. Complete registration. If no opposition succeeds, the DoI registers the mark and issues the registration certificate.

What documents does the DoI Trademark Section require?

The DoI requires an application form, trademark label and ownership documents that identify the applicant and the mark being claimed. Domestic and foreign applicants need different supporting records, while foreign applicants must use a Nepal-based representative because Nepal is not a member of the Madrid System.

A Nepali company commonly prepares a board resolution, certificate of industry, current tax clearance material, a notarised power of attorney and the mark label. An individual applicant should still ensure the application clearly identifies the owner and covers the intended goods or services.

Foreign applicants commonly need a notarised power of attorney, company resolution, mark label and certified home registration evidence. If claiming Paris Convention priority, supporting filing evidence is also relevant. Nepal participates in the Paris Convention and TRIPS framework, but an overseas registration does not automatically extend to Nepal.

Documents should be consistent. A mismatch between the company name, power of attorney, label owner and application can slow the file. The detailed trademark document guide explains the practical preparation point by point.

How does Industrial Property Bulletin publication and opposition work?

The Industrial Property Bulletin Nepal publication gives the public notice of an accepted trademark application before a certificate is issued. The DoI allows 90 days from publication for trademark opposition in Nepal, giving an earlier rights holder or concerned party time to ask the Department to examine the proposed registration.

Opposition is not a casual complaint. The opponent should identify its grounds and supporting facts, such as an earlier registered mark, confusing similarity, goodwill or another legal reason registration should not proceed. The applicant then has to defend the proposed mark. A contested matter can extend the timeline substantially.

The DoI’s quasi-judicial function matters here. It can inquire into the dispute and make a decision rather than simply recording forms. If a conflict is commercially serious, early advice is sensible. Our team can help you prepare or defend an opposition through our trademark opposition and enforcement service.

What happens after the DoI issues a registration certificate?

The DoI registration certificate gives the owner a trademark registration valid for seven years from registration under Sec. 18D. It can be renewed repeatedly in further seven-year periods, but renewal must be filed within 35 days of expiry; a limited late period follows before automatic cancellation applies.

Use the mark as registered and keep evidence of genuine market use: invoices, product packaging, menus, advertisements and online listings can all help show use. Under Sec. 18C, a registered mark that is not used within one year of registration may face cancellation.

You may use TM for a mark you claim, but do not represent an unregistered mark as registered. The ® symbol should follow actual registration. If ownership, address or other record details change, deal with the DoI record rather than leaving an outdated certificate on file.

Renewal is not automatic. The trademark renewal calculator can help you identify the relevant date, while the total cost depends on class count, government charges and professional work. For a current estimate, ask our team through IP Sewa’s contact page.

What mistakes cause trouble at the Department of Industry trademark office?

Most DoI trademark problems arise before filing: choosing a descriptive name, missing a similar earlier mark, selecting the wrong NICE class or naming the wrong owner. Because Nepal is first-to-file, a rushed launch without a search can leave a business defending a name after money has already gone into signs, stock and promotion.

• Assuming OCR company registration gives complete business-name protection.
• Filing only one class while planning branded goods, retail and services across several classes.
• Using a generic claim such as “quality,” “original” or “best” as the main source-identifying element.
• Ignoring similar Nepali, English or transliterated spellings already used for related goods.
• Submitting labels or ownership papers that do not match the application details.
• Waiting until the 90-day opposition period is nearly over to obtain advice.

This article is general information, not legal advice for a particular dispute. Where another party’s mark looks close, a proper search and written assessment are safer than relying on a quick visual check.

In short: the DoI Trademark Section is where trademark rights are examined, published and registered in Nepal. Search early, select every needed NICE class, prepare consistent documents, respect the Bulletin opposition period and renew the certificate every seven years.

People also search for

These related Nepal trademark questions explain the filing choices that matter before, during and after the DoI examination process under the Patent, Design and Trademark Act 1965.

• How to register a trademark in Nepal
• How to search for a trademark in Nepal
• Why trademark applications are rejected in Nepal
• Trademark application process in Nepal
• How long trademark registration takes in Nepal
• What counts as a confusingly similar trademark in Nepal

Before filing, run a Nepal trademark database search, review the available trademark registration support, and contact IP Sewa for help with class selection, DoI filing, examination or opposition strategy.