The Department of Industry (DoI) is Nepal’s industrial-property registry for trademarks, patents and industrial designs under the Patent, Design and Trademark Act 1965 (PDTA). For a trademark, the usual route is filing, examination, Bulletin publication, a 90-day opposition period, registration and a certificate, typically taking 12–14 months when unopposed.
Key Takeaways
The Department of Industry registers industrial property in Nepal under the PDTA and applies a first-to-file rule. A trademark registration normally lasts seven years, while patent and industrial-design rights have different terms, publication periods and document requirements administered by the DoI.
- The DoI is the public authority that registers trademarks, patents and industrial designs in Nepal.
- Nepal is first-to-file: an earlier valid application usually has priority over earlier market use.
- Trademark applications use the NICE Classification’s 45 classes, with one application required per class.
- Trademark publication in the Industrial Property Bulletin opens a 90-day opposition window.
- A trademark registration lasts seven years and may be renewed in further seven-year terms.
- Patent registration lasts seven years and may be renewed twice; industrial designs have five-year renewable terms.
- Nepal is outside the Madrid System and PCT, so overseas owners need a direct national filing through a Nepal-based representative.
What does the Department of Industry do for IP in Nepal?
The Department of Industry administers Nepal’s trademark, patent and industrial-design register under the PDTA. It examines applications, records registered rights, publishes official notices and decides relevant disputes through its quasi-judicial role, including opposition and cancellation matters connected with industrial property.
The DoI is often called DoIND in public records and online references. For a founder, it is the office that decides whether a wordmark, logo, invention or product appearance can enter Nepal’s industrial-property register. The Department of Industry’s official website is the authoritative public source for the agency.
Which rights does the DoI register and how long do they last?
The DoI registers trademarks for brand identifiers, patents for new and useful inventions, and industrial designs for a product’s visual appearance. Under the PDTA, trademark protection lasts seven years, patent protection lasts seven years renewable twice, and industrial-design protection lasts five years with renewal available.
| Right | What it protects | Initial term | Key DoI point |
|---|---|---|---|
| Trademark | A brand name, logo, wordmark, symbol or combined mark | 7 years | Renewable in further seven-year terms |
| Patent | A new and useful invention or process | 7 years | Renewable twice, up to a maximum of 21 years |
| Industrial design | The shape, pattern, ornament or visual appearance of a product | 5 years | Renewal is available under the DoI system |
A business name recorded with the Office of the Company Registrar (OCR) is not the same as a registered trade mark. OCR registration establishes a company or firm record. DoI trademark registration protects the mark used to distinguish your goods or services from another trader’s goods or services.
Why does Nepal’s first-to-file rule change your filing decision?
Nepal first-to-file means the first valid application at the DoI generally secures priority, rather than the person who first used a name in shops or on social media. Sec. 16 ties trademark title to registration, so an early filing date can be commercially decisive.
Imagine a Kathmandu tea seller has used “Himal Chiya” on cups for two years but has never filed. If another party files a confusingly similar mark first in the relevant class, the existing seller may face a difficult dispute. Use alone is not a substitute for registration. Search early, choose the correct class and file before a launch, distributor meeting or public campaign.
Which NICE classes apply to a DoI trademark application?
The DoI uses the NICE Classification, an international system of 45 trademark classes: Classes 1–34 cover goods and Classes 35–45 cover services. Sec. 18A requires a separate application for each class, so one Nepal trademark application never protects every product or service.
A restaurant brand may need Class 43 for restaurant services, while packaged momo sauce sold under the same name may need Class 30. An online retail service may also require Class 35. Class selection follows what you actually offer, not simply what your business registration says. Use the NICE class finder for Nepal trademark filings as a starting point.
How does DoI Nepal trademark registration proceed step by step?
DoI Nepal trademark registration proceeds through filing, examination, publication, opposition and certificate issue under Sec. 17–21A of the PDTA. The process is class-specific, and the DoI checks whether the mark is distinctive and conflicts with an earlier registered or pending mark.
- Clear the proposed mark. Search exact names, similar spellings and visual variants in the relevant class. A free preliminary search of the Nepal trademark database is useful, but a logo and similarity assessment needs careful judgment.
- Define goods and services. Select the relevant NICE class or classes. Each class needs its own application, so list goods or services accurately from the beginning.
- Prepare the filing papers. Complete the application, prepare the mark label and collect the applicant, authority and priority documents that apply to your situation.
- File at the DoI. The filing number and date matter because Nepal follows first-to-file. Keep the application details consistent with your chosen applicant and mark.
- Respond to examination. The DoI examines similarity, distinctiveness and statutory grounds for refusal. An objection is not an automatic loss, but it needs a focused response.
- Wait for Bulletin publication and opposition. A qualifying trademark appears in the Nepal Industrial Property Bulletin. Another person may oppose within 90 days of publication.
- Complete registration. If no opposition succeeds, the DoI registers the mark and issues the registration certificate. Only then should you describe the mark as registered and use ® appropriately.
What documents should applicants prepare for the DoI?
The DoI typically requires an application form, trademark label and notarised Power of Attorney for a trademark filing. Domestic companies commonly provide a board resolution, industry certificate and recent tax-clearance letter, while foreign applicants usually need home-registration and priority documents where relevant.
The Power of Attorney authorises a Nepal-based representative to act for you. For a priority claim under the Paris Convention, provide the relevant certified or notarised filing record in English. Patent filings require a specification and claims, which define the invention. Design filings require clear representations, including views that show the design being claimed.
What is the Nepal Industrial Property Bulletin and who can oppose?
The Nepal Industrial Property Bulletin is the DoI’s official public record for accepted applications and other industrial-property notices. For trademarks, publication starts a 90-day opposition period, allowing a person who believes registration would harm their rights to object before the certificate is issued.
Opposition is not a casual complaint. The opposing party must explain why the registration should fail, often because of an earlier mark, goodwill or a legal ground under the PDTA. The DoI hears the matter in its quasi-judicial capacity. Patent and industrial-design publications have a shorter 35-day objection period, so do not apply the trademark deadline to every right.
How long do DoI applications take and what affects the cost?
An unopposed trademark application typically takes about 12–14 months from filing to certificate at the DoI, although a smooth straightforward case can finish in roughly 6–8 months. The total cost depends on the number of NICE classes, government charges, professional work and any examination or opposition issue.
A multi-class logo/wordmark registration costs more than a single-class filing because Nepal requires separate applications by class. Translation, foreign applicant papers, a priority claim, responses to objections and contested opposition proceedings can also affect the total. For a current estimate, use the trademark fee calculator or ask our team through IP Sewa’s contact page.
What legal rules and common mistakes should you know?
The Nepal Patent, Design and Trademark Act controls what the DoI may register, refuse, publish and renew. Sec. 18A requires class-specific trademark applications, Sec. 21A addresses publication, and Sec. 23B provides for trademark renewal in seven-year periods.
Common mistakes include treating OCR business-name registration as brand protection, filing in only one class while selling in several, and choosing a descriptive name that lacks distinctiveness. Another is using ® before certificate issue; use of a mark as registered without registration is prohibited. A mark registered but not used within one year may also face cancellation under Sec. 18C.
For foreign businesses, an overseas registration does not automatically extend to Nepal. Nepal is party to the Paris Convention and TRIPS, both associated with the World Intellectual Property Organization, but Nepal is not in the Madrid System or the PCT. A foreign owner should arrange a direct Nepal filing through a local representative and assess any available priority claim.
What are the alternatives when a DoI filing is not the right answer?
The DoI route protects industrial property, but the right must match the asset: patents protect technical inventions, industrial designs protect appearance, and trademarks protect source-identifying brands. Copyright is administered separately, while a company registration at the OCR does not replace trademark registration under the PDTA.
If your name is close to an earlier mark, changing it before launch may be cheaper and safer than defending a weak application. If a conflicting application has already appeared in the Bulletin, prompt legal review matters because the opposition deadline is fixed. Our team can help you assess a conflict or opposition through trademark opposition and enforcement support. This article is general information, not legal advice.
What should a business owner do first before filing at the DoI?
A business owner should search the proposed name, logo and relevant NICE classes before filing at the DoI, then submit quickly if the risk is acceptable. Because Nepal is first-to-file, a sensible clearance decision before a public launch protects both filing priority and branding investment.
In short: the DoI is Nepal’s registry for trade marks, patents and industrial designs. A trademark follows the DoI’s filing-to-Bulletin route, has a 90-day opposition stage and, once registered, lasts seven years with renewable terms. The practical priorities are clearance, class selection, accurate documents and an early filing date.
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These related Nepal IP guides explain the detailed trademark, patent, design, documents and timing questions that often follow a DoI filing decision.
- How to register a trademark in Nepal
- Documents required for trademark registration in Nepal
- How long trademark registration takes in Nepal
- How to register a logo as a trademark in Nepal
- How patent protection works in Nepal
- What industrial design protects in Nepal
Start by searching existing marks in the IP Sewa trademark database, then use our trademark registration service or contact our team for filing and practical DoI guidance.
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