Registered vs Unregistered Trademarks in Nepal (2026)

A registered trademark in Nepal is one the Department of Industry (DoI) has entered on its register, and under Sec. 16(1) title arises only then. An unregistered trademark is a brand used without that entry. Using it is lawful, but it carries no statutory title and no public record, and an earlier filer can take the name.

Key takeaways

• Title to a mark comes from registration at the DoI (Sec. 16(1)), not from use.
• The copying ban in Sec. 16(2) and its Sec. 19 penalty protect only registered marks.
• A mark in the Industrial Property Bulletin is published, not yet registered; anyone may oppose it within 90 days.
• No register of unregistered marks exists; finding them takes a market search.
• The first-to-file principle generally applies, so an earlier filing usually beats earlier use.
• ™ may go on any mark; presenting a mark as registered before registration breaks Sec. 18B.

What is the difference between a registered and an unregistered trademark?

The Patent, Design and Trade Mark Act 1965 defines a trademark in Sec. 2(c) as a word, symbol or picture, or a combination, that a business uses to distinguish its goods or services. That definition does not require registration.

What registration adds is title. Sec. 16(1) says a person may acquire title to the trademark of a business "upon registration in the department under Section 18". Before that moment you hold a brand, or an application, but no statutory right over it. You can read the Act on the Nepal Law Commission site.

The gap is widest at enforcement. Sec. 16(2) bars copying a trademark "registered in the name of any person", and Sec. 19 punishes a breach with a fine and confiscation of the goods. Neither reaches an unregistered mark.

Is a published mark already a registered one?

No. Between "unregistered" and "registered" sit two stages people blur: filed and published. Publication in the Industrial Property Bulletin (औद्योगिक सम्पत्ति बुलेटिन) means the DoI has accepted the application and shown it to the public.

Publication starts the opposition window: anyone may oppose within 90 days, and the mark is registered only when the certificate issues. The DoI's Bulletin page carries each issue.

On 17 October 2026, by IP Sewa's count, the 2,843 marks in the three newest issues (17 August, 16 September and 16 October 2026) were still inside that window. All are published; none is registered yet.

What does an unregistered mark protect in Nepal?

Less than most owners assume, because the Act's copying ban and its penalty are tied to registration.

The Act does leave one door open. The proviso to Sec. 18(1) lets the DoI refuse a mark that may undermine "the reputation of the trade-mark of any other person", and that wording does not say "registered". An earlier user with real, provable reputation may be able to raise it against a later application, usually in an opposition.

Whether that argument wins depends on the evidence, and other laws may bear on a particular dispute. None of it replaces registration. If your business rests on an unregistered brand, ask an advocate before you act.

Why does first-to-file work against unregistered brands?

Because title comes from registration, the first-to-file principle generally applies in Nepal. The earlier complete application usually wins, even against a business that used the name first. Marketing builds goodwill, not a filing date.

The refusal grounds point the same way. Sec. 18 tells the DoI not to register a mark "found to have already been registered in the name of another person". Once someone else holds that registration, your later application meets that wall.

Can you search for unregistered trademarks in Nepal?

Not on any official record. The DoI keeps a register of registered marks under Sec. 22, and the Bulletin prints published ones, but no list of brands in use exists. An unregistered trademark search is a search of the market.

Start with the public record. IP Sewa's trademark search covers the 71,500+ marks published in DoI bulletins since 2006. It shows published marks, not registration status, unpublished filings or unregistered use. Older registrations can be missing too: the lowest application number we hold is 21,261.

Then look where unregistered brands live: shop signs, online marketplaces, social media handles, websites, and company names at the Office of the Company Registrar (OCR). A hit there is no registered right, but it may be an earlier user with evidence.

The conflict checker tests similar names, and the owner search lists everything published for one company. For a written opinion, our trademark search and clearance team reviews the risks.

What does IP Sewa's bulletin data show?

The only official figures are totals: Nepal's Economic Survey 2082/83 reports 70,970 trademarks registered at the DoI up to Falgun 2082 (mid-March 2026), 55.7% domestic. IP Sewa counts published Bulletin entries, a different measure. Our counts on 17 October 2026:

• 123 issues, from Volume 1, Number 1 (22 January 2006) to Volume 20, Number 8 (16 October 2026).
• 71,842 published marks, held by 19,972 owners once address variants of one name are grouped, from 100 countries.
• 4,138 of 46,147 distinct mark names (about 9%) were published for two or more owners; in about six cases in ten, those owners' marks sit in different classes.
• In the 12 latest issues by date (9,652 marks), the median gap from filing to publication was about 3.5 months. 64% took six months or less, and about one in six took over two years.

So a name on the record does not always block yours, because rights follow NICE classification classes. And a name missing from the record is not proof it is free.

Does use still matter once a mark is registered?

Yes. Sec. 18C tells the DoI to cancel a registration that is not brought into use within one year of registration, after inquiry. Registration without use is a weak asset, and use without registration is an exposed one.

Can you use ™ or ® on an unregistered mark?

You may use ™ at any time; the Act gives it no special status, so it simply signals a claim. What you may not do is present a mark as registered before the DoI registers it.

Sec. 18B says no trademark may be used "as a registered trade-mark without registering it at the Department", and Sec. 19 backs that rule with a fine and confiscation of the goods connected with the offence. Putting ® or the word "registered" on a label or website before then presents the mark as registered, so wait for the certificate.

How do you turn an unregistered mark into a registered one?

A standard application passes six stages, and the DoI decides each one.

1. Search first. Check the published record, similar spellings and sounds, and the market.
2. Choose classes. Sec. 18A(2) requires a separate application for each class; the NICE class finder suggests likely ones.
3. File. Submit the Schedule 1(c) form with four specimens of the mark and the application fee, as Sec. 17 requires.
4. Examination. The DoI investigates and gives you a chance to be heard before it decides, under Sec. 18(1).
5. Publication and opposition. The accepted mark appears in the Bulletin, and anyone may oppose within 90 days; rely on the deadline the DoI states.
6. Certificate. Pay the registration fee and receive the certificate (Sec. 18(2)); title and the seven-year term begin.

An unopposed application typically takes about 12–14 months from filing to certificate, and 6–8 months only in the smoothest cases; both are estimates, not promises.

Cost grows with each class you add: the trademark fee calculator gives an estimate, and our trademark registration service handles each stage.

What documents does the DoI ask for?

The DoI's Industrial Property Section page lists, for a Nepali applicant: the completed form; a copy of the industry or business permission or registration certificate, with VAT or PAN proof; four specimens of the mark, at most 8 × 8 cm; the fee receipt; and a power of attorney where a representative files.

Some practitioner checklists also ask for a board resolution and, from an established business, its latest tax clearance. A newly formed company will not have a tax clearance yet, so confirm the DoI's current checklist.

A foreign applicant adds a certified copy of its home registration, any priority-date letter and a local address.

Does a foreign registration protect a brand in Nepal?

No. Sec. 21B says the title to a trademark registered in a foreign country "shall not be valid in Nepal unless it is registered in Nepal". Nepal is also outside the Madrid System: WIPO Lex lists Paris, Berne and the WIPO Convention for Nepal, with Marrakesh signed only.

Sec. 21C eases the route: the DoI may register a mark already registered abroad without its usual enquiries, and it provides Paris Convention facilities such as priority.

Is a company name or domain an unregistered trademark?

It can work as one, but it is not a registered right. The OCR registers company names and the DoI registers trademarks, so a company name gives no trademark title in any class.

A PAN record, a domain or a social media page is the same. Each can show when a business started, which helps as evidence, and no more.

Nor does a patent or an industrial design protect a brand name. Our guide to trade names and trademarks explains the difference.

How long does a registered trademark last?

Sec. 18D sets seven years from the date of registration, not filing. Sec. 23B makes a trademark renewable any number of times, seven years at a time.

Renew within 35 days after the term expires. A late renewal is possible within six months on a fine, after which the registration is cancelled. The renewal calculator works out the dates, and our trademark renewal team tracks every class.

Common mistakes with unregistered trademarks

• Treating use as ownership. Use builds evidence; title comes from registration.
• Reading a Bulletin hit as registered. A published mark can still be opposed or refused.
• Reading no hit as free. Unregistered users and unpublished filings never show up.
• Using ® early. Presenting a mark as registered before registration breaks Sec. 18B.
• Missing the window. A conflicting published mark must be opposed within 90 days.
• Filing one class. A brand selling several kinds of goods may need several applications.

What can you do if someone files your brand first?

Here is an illustration, not a real case. A Kathmandu snack maker has sold "Himal Crunch" for years without filing. It then finds HIMAL CRUNCH published in Class 30 for an unrelated applicant.

Its route depends on where that mark stands. While the opposition window is open, it can oppose with evidence of earlier use and reputation. Once a registration has issued, the dispute is harder and needs an advocate.

The DoI's Industrial Property Section also lists a complaint (उजुरी) route, filed as a petition with the evidence and a fee receipt.

Either way, preserve evidence now: old labels, invoices, advertisements, delivery records and dated social posts. Our opposition and enforcement team can assess the case.

In short: registered or unregistered?

An unregistered trademark is a brand you may use but do not own under the Act, and no record shows it. Registration gives title, a public entry and the Sec. 16(2) protection against copying.

For brand registration in Nepal, the order is simple: search the record and the market, file in each class you use, watch the 90-day window and renew on time.

People also search for

• How to register a trademark in Nepal
• How to search for a trademark in Nepal
• What is a trademark in Nepal?
• Documents required for trademark registration in Nepal

Ready to move a brand from unregistered to registered? Start with our trademark registration service, or contact IP Sewa about a mark you have found.