The Department of Industry (DoI) is the sole government body that registers trademarks, patents, and industrial designs in Nepal. Operating under the Patent, Design and Trade Mark Act 1965 (PDTA), it applies a strict first-to-file system — the first valid application filed wins the right, not the first person to use the mark in the market.
Key Takeaways
- The DoI is Nepal's only IP registry and also acts as a quasi-judicial body for enforcement.
- Nepal follows first-to-file — rights belong to whoever files a valid application first, not to the first user.
- Registration is governed by the Patent, Design and Trade Mark Act 1965, with marks classified under the 45-class NICE system.
- Every trademark application is published in the Industrial Property Bulletin, opening a 90-day opposition window.
- A registered trademark is valid for 7 years and can be renewed indefinitely in 7-year blocks.
- Nepal is not a member of the Madrid System or the PCT; foreign applicants must file through a local agent.
- You can run a free DoI trademark search through our trademark database before you file.
What exactly is the Department of Industry in Nepal's IP system?
The Department of Industry (DoI) is the government agency that registers and administers all industrial property rights in Nepal — trademarks, patents, and industrial designs. It operates under the Ministry of Industry, Commerce and Supplies. Beyond simple registration, the DoI also functions as a quasi-judicial body, meaning its Law Division can hear disputes, conduct inquiries, and issue rulings on opposition and cancellation matters with authority similar to a District Court.
Which IP rights does the DoI register?
The DoI handles three core industrial property rights under the Patent, Design and Trade Mark Act 1965. A trademark protects any word, symbol, or picture — or combination — that distinguishes your goods or services. A patent protects a new invention. An industrial design protects the ornamental or aesthetic look of a product. Copyright is separate and administered by the Nepal Copyright Registrar's Office, not the DoI.
| IP Right | What It Protects | Term | Renewable? |
|---|---|---|---|
| Trademark | Brand name, logo, wordmark, or symbol that distinguishes goods or services | 7 years | Yes, every 7 years indefinitely |
| Patent | A new invention or process | 7 years | Yes, in 7-year blocks |
| Industrial Design | The visual appearance or shape of a product | 5 years | Yes, in 5-year blocks |
What law governs IP registration at the DoI?
The governing statute is the Patent, Design and Trade Mark Act 1965 (PDTA) — a single piece of legislation covering all three rights. Enacted on 30 August 1965, it has been amended several times, most significantly in 2006 to modernise IP provisions. The Act defines what can be registered, the process, and the DoI's powers. A subordinate Trademark Directives 2072 BS (2015) adds practice detail on well-known marks, opposition procedures, and enforcement. You can read the consolidated Act on the Nepal Law Commission website.
Why does Nepal's first-to-file system matter so much?
Nepal operates a strict first-to-file system — the right to a trademark, patent, or design belongs to whoever files a valid application first, not to whoever first used it in the market. This is a crucial difference from some other jurisdictions. If you have been using a brand name for years but someone else registers it at the DoI before you do, they own the right. There is no common-law "passing off" shortcut to ownership — though you can challenge a bad-faith filing through opposition, the safest path is to file early. Our trademark search service helps you check if your mark is available before someone else claims it.
How do you file a trademark application at the DoI?
Filing at the DoI follows a structured sequence. Every application is for one NICE class only — if your brand spans multiple classes, you need a separate application for each. Foreign applicants must file through a Nepal-based agent with a notarised Power of Attorney. Here is the process in order:
- Search the DoI database. Before you invest in branding, check whether an identical or confusingly similar mark already exists. You can run a preliminary search on our trademark database.
- Identify the correct NICE class. Goods fall in Classes 1–34, services in Classes 35–45. Picking the wrong class is one of the most common mistakes we see — our NICE Class Finder can help you get it right.
- Prepare your application and documents. You'll need a completed application form, four specimens of the mark, a notarised Power of Attorney, and, for companies, a board resolution. Foreign applicants also need a notarised copy of their home registration certificate.
- Submit to the DoI and pay the government fee. The DoI acknowledges receipt and assigns a filing number. That filing date establishes your priority.
- Examination. The DoI examines the mark for distinctiveness and checks for conflicts with existing registered marks. If it raises an objection, you get a chance to respond and defend your application.
- Publication in the Industrial Property Bulletin. If the mark passes examination, the DoI publishes it in the Bulletin. This opens a 90-day window for any third party to file an opposition.
- Registration certificate. If no opposition is filed — or if an opposition is resolved in your favour — you pay the registration fee and the DoI issues the registration certificate.
What is the Industrial Property Bulletin and why does it matter?
The Industrial Property Bulletin is the DoI's official gazette where accepted trademark, patent, and design applications are published for public notice. The moment your mark appears in the Bulletin, a 90-day clock starts — any person who believes your registration would damage their rights can file an opposition at the DoI's Law Division. If an opposition is filed, the DoI withholds the certificate and runs an inquiry. The Bulletin is also where renewals and cancellations are published.
How long does DoI registration take in practice?
In typical cases, a trademark application moves from filing to registration certificate in about 12 to 14 months. The fastest, smoothest applications — where there are no examiner objections and no oppositions — can complete in roughly 6 to 8 months, but that is the favourable end of the range, not the norm. Delays most often happen at the examination stage or when an opposition is filed. The DoI's process is, in practice, somewhat deliberate, so planning for the full 12–14 months is realistic.
How does renewal work at the DoI?
A registered trademark lasts 7 years from the date of registration, and you can renew it indefinitely for further 7-year terms. The renewal application must be filed within 35 days of the expiry date. There is a 6-month grace period after expiry during which you can still renew by paying a late penalty — if you miss that window, the registration is automatically cancelled and you lose the right. Patents renew in 7-year blocks and industrial designs in 5-year blocks, both with similar grace-period rules. Our renewal calculator helps you track upcoming deadlines.
What documents does the DoI require?
The DoI's document requirements depend on whether the applicant is domestic or foreign. For a domestic trademark application, you typically need the completed application form, a notarised Power of Attorney, a board resolution (for companies), four specimens of the mark, and a certificate of industry registration along with a tax clearance letter. Foreign applicants must additionally supply a notarised copy of their home-country registration certificate, translated into English. Missing or incorrectly notarised documents are a frequent cause of delays — our team can help you prepare a complete file through our trademark registration service.
What are the most common mistakes when dealing with the DoI?
A mistake we see often is filing in the wrong NICE class — you might describe your goods accurately but place them in the wrong class, leaving your registration vulnerable. Another is assuming that having a company name registered at the Office of the Company Registrar protects your brand — it doesn't. Company registration and trademark registration are completely separate, and only a DoI registration gives you exclusive rights to the name as a brand. Filing without a proper search is also risky: if a similar mark already exists, your application will be refused after you've already spent time and money on branding. Our trademark conflict checker can flag potential issues before you file.
A real-world Nepal example: the café scenario
Imagine you open a popular café in Lazimpat called "Himal Bean" and you register your company at the OCR but not your trademark. A year later, another business files a DoI application for "Himal Bean" in Class 43 for café services — and gets it registered. Because Nepal is first-to-file, that second business now owns the right to the name for café services, even though you used it first. You could face a legal demand to rebrand, lose your signage and social media handles, and have no easy remedy. Filing at the DoI early, in the right class, would have prevented the whole problem. Check your mark's availability now through our trademark database search.
Can foreign applicants file directly at the DoI?
No. Nepal is not a member of the Madrid System for international trademark registration, nor the Patent Cooperation Treaty (PCT) for patents. Foreign applicants — whether individuals or companies — must file through a Nepal-based agent or representative with a valid Power of Attorney. The DoI also requires a notarised copy of the home-country registration certificate for trademark applications. If you are filing from outside Nepal, contact our team and we can act as your local agent and manage the entire process.
Where does the DoI's authority to enforce IP come from?
The DoI's enforcement powers are built into the PDTA itself. The Act empowers the Department to conduct inquiries into opposition filings, hear both sides, and issue binding decisions — functioning as a quasi-judicial tribunal. Its rulings carry weight similar to those of a District Court. The DoI can also cancel a registration if the mark is not put to use within one year of registration. Nepal is a member of the Paris Convention and TRIPS, which set minimum standards for IP protection, and those obligations are implemented through the DoI's administration of the PDTA. You can explore the international framework on the WIPO website.
In short: the Department of Industry is the gatekeeper for all trademark, patent, and industrial design rights in Nepal. It examines applications, publishes them for opposition, and issues registration certificates. The system is first-to-file, the timeline is measured in months not weeks, and the process rewards those who prepare thoroughly and file early with the right documents and the correct class.
People also search for
- How to register a trademark in Nepal
- Department of Industry role in IP registration
- Documents required for trademark registration in Nepal
- How long does trademark registration take in Nepal
- How much does trademark registration cost in Nepal
- How to choose the right trademark class in Nepal
- What is the NICE classification for trademarks
- How patent protection works in Nepal
Ready to protect your brand? Start with a free search of the DoI's trademark records on our trademark database, or get in touch with our team to discuss filing, renewal, or enforcement. You can also use our NICE Class Finder to identify the right class before you file.
Comments (0)
Leave a comment
Replying to — cancel