The Trademark Assignment Form in Nepal: How to Complete It

In Nepal, a trademark assignment form is the legal instrument you file with the Department of Industry (DoI) to transfer ownership of a registered trademark from one party (the assignor) to another (the assignee). The process is governed by the Patent, Design and Trademark Act 1965, and the assignment must be recorded on the DoI register to be enforceable against third parties.

Key Takeaways

• A trademark assignment transfers full ownership of a registered mark in Nepal; it is not the same as a licence.
• You must file the prescribed assignment form with the Department of Industry and pay the applicable government fees per mark.
• The assignor and assignee need a notarised assignment deed or merger document as the underlying legal basis.
• An unrecorded assignment leaves the old owner on the register — which can cause enforcement problems later.
• Assignment can be with or without goodwill; in Nepal, marks are ordinarily transferred with the goodwill of the business.
• Foreign entities must act through a Nepal-based agent and provide a notarised Power of Attorney.
• Once recorded, the assignee's name appears on the registration certificate and the DoI's public records.

What is a trademark assignment in Nepal?

A trademark assignment is the legal transfer of all rights, title and interest in a registered Nepali trade mark from the current owner (assignor) to a new owner (assignee). Under the Patent, Design and Trademark Act 1965, ownership of a registered mark can change hands through sale, merger, inheritance or court order. Until the DoI records the assignment on the official register, the assignor remains the legal owner for all purposes — including enforcement and renewal. This is not the same as a licence, where the original owner keeps ownership and merely permits use.

Why would you need to assign a trademark?

The most common trigger is a business sale. When you buy a Nepali company or its brand assets, you need the registered marks in your name — not the seller's. Mergers and corporate restructurings also require assignment to the surviving entity. Other scenarios include transferring a mark from an individual founder to a newly incorporated private limited company, succession after the owner's death, or a court-ordered transfer. A mark can be a valuable balance-sheet asset, and getting the assignment recorded properly is what makes that asset legally yours.

Who can file a trademark assignment in Nepal?

Either the assignor or the assignee may file, but in practice the assignee (the new owner) drives the process because they have the strongest interest in securing their rights. Foreign entities — whether assignor or assignee — must file through a Nepal-based agent or legal representative holding a notarised Power of Attorney. The DoI does not deal directly with overseas applicants for assignment recordals. If the assignor is a company, a board resolution authorising the transfer is normally required. Our team can help you prepare and lodge the assignment form if you contact us.

What documents are required for a trademark assignment in Nepal?

You'll need a signed, notarised assignment deed between the assignor and assignee that clearly identifies the trademark registration number, the mark itself, the NICE class, and the effective date of transfer. For company-to-company transfers, a board resolution from the assignor and, often, the assignee is also required. The prescribed DoI application form must be completed in full. A notarised Power of Attorney is mandatory if a representative files on your behalf — which is always the case for foreign applicants. If the assignment arises from a merger, the merger agreement or court order substitutes for the deed. A copy of the current registration certificate and the latest tax clearance certificate for the assignor, if it is a Nepali entity, round out the typical set. For a detailed document checklist covering registration and post-registration changes, see our guide on documents required for trademark registration in Nepal.

How do you file the trademark assignment form with the DoI?

1. Execute the assignment deed. Both parties sign a notarised deed that captures the mark, registration number, class, transfer date and whether the transfer is with or without goodwill.
2. Gather supporting documents. Board resolutions, Power of Attorney, tax clearance (if applicable), and a copy of the current registration certificate.
3. Complete the DoI assignment application form. Fill out the prescribed form accurately — errors in the registration number or owner details cause delays.
4. Pay the government assignment fee. The fee is payable per trademark per class at the DoI. Do not send payment until the form is ready; the amount is modest but must be correct.
5. Lodge the dossier with the Department of Industry. Submit the form, deed, supporting documents and fee receipt at the DoI office. Foreign applicants lodge through their Nepal agent.
6. DoI examines and records the assignment. If everything is in order, the DoI updates the trademark register to reflect the new owner and issues an updated registration certificate or an endorsement on the existing one.

How long does a trademark assignment take in Nepal?

When the paperwork is complete and undisputed, the DoI typically processes a straightforward assignment recordal in about two to three months. Complex cases — where the supporting documents are inconsistent, the mark is co-owned, or the transfer arises from a foreign merger that needs additional legalisation — can take longer. There is no statutory deadline for the DoI to complete the recordal, so a well-prepared dossier is the single biggest factor in keeping things moving. The timeline runs separately from the original registration's 7-year term; an assignment does not reset or extend the renewal clock. For context on how long the initial registration takes, read how long trademark registration takes in Nepal.

What does a trademark assignment cost in Nepal?

The total cost has two components: the government assignment recordal fee (payable per mark, per class) and the professional fee for preparing the deed, form and supporting documents. Because Nepal requires a separate application per class, a mark registered in three classes needs three assignment recordals — tripling the government fee. The professional cost depends on the complexity of the underlying transaction: a simple founder-to-company transfer costs less than recording a cross-border merger. For a current figure tailored to your situation, use our trademark fee calculator or get in touch and we'll give you a clear breakdown.

What legal provisions govern trademark assignments in Nepal?

The Patent, Design and Trademark Act 1965, particularly Sec. 21D, provides the statutory basis for transferring ownership of a registered mark. The Act requires that any assignment be recorded with the Department of Industry to have legal effect against third parties. Nepal follows the principle that a trade mark is ordinarily transferred together with the goodwill of the business it represents — you cannot strip a mark from its associated reputation and sell it as an empty shell unless the transaction makes commercial sense to do so. The Trademark Directives 2072 BS (2015) add procedural detail. Nepal is a member of the Paris Convention and TRIPS, both of which recognise the right to assign industrial property, though the domestic Act and DoI practice control the mechanics.

Which NICE class considerations apply to an assignment?

A trademark assignment in Nepal covers exactly the class or classes in which the mark is currently registered. You cannot use an assignment to add classes — that requires a fresh application. If the mark is registered in multiple classes, you must file a separate assignment recordal for each class, each with its own government fee. When preparing the assignment deed, double-check that the class numbers match the registration certificate precisely; a mismatch is a common reason the DoI rejects the form. If you are unsure which classes the mark covers, search the register before drafting anything. You can check live class coverage using our owner and applicant search tool or explore the classification system with the NICE class finder.

A realistic Nepal example: café brand changes hands

Imagine "Himal Java & Bake," a registered Kathmandu coffee-shop trade mark in Class 43. The founder sells the entire business — lease, equipment, recipes and brand — to a new owner. The buyer and seller sign a notarised assignment deed that lists the registration number, the Class 43 coverage, and the sale date. The buyer's representative files the assignment form at the DoI along with the deed, the seller's board resolution, a fresh Power of Attorney, and the government fee. About ten weeks later, the DoI updates the register: the buyer is now the registered proprietor. If the buyer had skipped the assignment recordal, the seller's name would remain on the certificate — making renewal, enforcement against copycats, and any future sale significantly harder. The same logic applies if a restaurant chain restructures: each registered mark in each class needs its own assignment recordal. For more on how marks apply to specific industries, see our guide on choosing the right trademark class in Nepal.

Common mistakes people make with trademark assignments in Nepal

What happens if you don't record the assignment?

The assignee takes an equitable interest, but the legal title stays with the assignor on the DoI register. That means only the assignor — or someone acting with their written authority — can sue for infringement, file a renewal, or record a further assignment. If the assignor dissolves or becomes uncooperative, the assignee faces an expensive and uncertain legal process to prove ownership. In a due-diligence review — for investment, a loan secured against IP, or a later sale — an unrecorded assignment is a red flag that can derail the deal. Record the assignment promptly; it is the cheapest insurance you can buy for your brand asset.

Alternatives and edge cases

A full assignment is not always the right tool. If the same legal entity merely changed its registered company name, you file an amendment (a simpler, cheaper process) rather than an assignment. If you want someone else to use the mark while you keep ownership — a franchise arrangement, for instance — you need a trademark licence, not an assignment; there is no statutory licence-recordal process in Nepal, but a well-drafted private contract still binds the parties. Partial assignments (splitting a mark's ownership by geography or goods) are rare and legally complex under the PDTA; seek specific advice before attempting one. Inherited marks pass by succession, and the heir must file the assignment form supported by a probate or succession certificate. For any non-standard transfer, speak with our team before you file — undoing a wrongly recorded instrument is painful.

In short, the trademark assignment form is the essential document that makes a brand sale or transfer legally complete in Nepal. Without it, the DoI register still shows the old owner — and the register is what courts, banks and buyers rely on. Get the deed right, file promptly, and make sure every class is covered.

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If you are buying or selling a business in Nepal and need the trademark assignment form prepared and filed correctly, start by searching the current register on our trademark database to confirm the mark's status and class coverage. Then get in touch — our team can handle the deed, the form, and the DoI filing so the ownership transfer is recorded without delay. You can also explore our full range of IP services for ongoing protection of your newly acquired brand.