Trademark Application Process in Nepal: Filing to Certificate

The trademark application process Nepal follows starts with filing at the Department of Industry (DoI), then examination, Industrial Property Bulletin publication, a 90-day opposition period, registration and a certificate. Under the Patent, Design and Trademark Act 1965 (PDTA), an unopposed application usually takes about 12–14 months from filing to certificate.

Key Takeaways

The DoI administers trademark registration under the PDTA, and Nepal follows a first-to-file system. Your filing date matters, but registration and the certificate confirm your legal title. A mark normally passes examination, Bulletin publication and a 90-day opposition period before registration.

• Nepal is first-to-file, so file a clear, registrable brand early.
• The Department of Industry examines every wordmark, logo or combined mark before publication.
• One trademark application protects only one NICE class out of 45 classes.
• Accepted applications appear in the Industrial Property Bulletin for 90 days.
• An unopposed trademark registration procedure Nepal businesses use normally takes about 12–14 months.
• A registration certificate lasts seven years from registration and can be renewed in further seven-year terms.

What is the trademark application process in Nepal?

The trademark registration procedure Nepal uses is a DoI review of your proposed brand before it becomes a registered mark. Under Sec. 17–18 of the PDTA, you submit an application, the DoI examines it, accepted marks are published, and registration follows if no opposition succeeds.

A trademark is a word, symbol, picture, or combination that distinguishes your goods or services from another business. It may be a brand name, logo, label, wordmark, or a combined name-and-logo design. Business registration with the Office of the Company Registrar (OCR) does not itself give trademark registration or exclusive trade mark rights.

This distinction catches many founders. You may register a company name at the OCR, print it on packaging, and still find that another person has filed the same or a similar mark at the DoI. For business-name protection, the DoI filing is the key step.

Who should file a trademark application in Nepal?

Any individual, firm or company using a distinctive mark for goods or services should file with the DoI before launch where possible. The PDTA’s first-to-file approach makes an early valid application especially valuable, while Sec. 16 ties trademark title to registration rather than informal use alone.

This includes a Kathmandu café, an online cosmetics seller, a manufacturer, a software provider, a distributor and a foreign company entering Nepal. A foreign applicant cannot use the Madrid System route because Nepal is not a Madrid System member. It should file directly through a Nepal-based agent or representative.

Nepal is also outside the PCT for patents, although that does not affect ordinary TM filing steps. Businesses with an earlier foreign application may need advice on a Paris Convention priority claim. The World Intellectual Property Organization explains the international treaty framework, but the application itself is still made nationally at the DoI.

Which NICE classes apply to a trademark filing?

The DoI uses the NICE Classification, which has 45 classes: Classes 1–34 cover goods and Classes 35–45 cover services. Sec. 18A requires a separate trademark application for each class, so one filing never automatically protects a brand across every product or service.

Class selection should describe what you actually sell now and what you reasonably plan to offer. For example, a restaurant’s service mark may need Class 43, while packaged tea sold under the same name may need Class 30. Advertising or retail services can raise a separate Class 35 question.

Use the NICE class finder to begin matching your goods or services to a class. It is a useful starting point, not a substitute for checking the full specification and relevant earlier marks.

How do you file a trademark application with the DoI?

You file a complete application with the Department of Industry after choosing the mark, NICE class and goods or services. The DoI then examines the application before publication in the Industrial Property Bulletin. A complete filing gives you the best chance of retaining an early first-to-file date.

1. Clear the proposed mark. Search identical names, close spellings, similar sounds and logo elements. A direct search of Nepal’s trademark database is a sensible first screen.
2. Select the class and specification. Identify the correct NICE class and write a focused list of goods or services. Do not list unrelated activity merely because it might be useful later.
3. Prepare the application papers. Assemble the application form, mark label, applicant details and authority documents needed for the applicant type.
4. File at the DoI. Submit one application for each chosen class. The application number and filing record should be retained carefully.
5. Answer examination issues. The DoI checks formal completeness and whether the mark can be registered, including similarity and distinctiveness concerns.
6. Wait for publication and opposition. An accepted mark is published in the Industrial Property Bulletin, where another party has 90 days to oppose.
7. Complete registration. If no opposition is filed, or an opposition does not succeed, the DoI proceeds with registration and issues the certificate.

The official Department of Industry website is the public authority source. In practice, a filing can slow down where the label is unclear, the class is wrong, or supporting papers do not match the named applicant.

What documents are needed for trademark filing in Nepal?

A DoI trademark filing usually needs an application form, a clear mark label, applicant information and authority documents. The precise set differs for Nepali and foreign owners, and priority claims need supporting filing evidence. Sec. 17 requires the prescribed application and specimens of the proposed mark.

A Nepali company commonly needs a board resolution, industry certificate and current tax-clearance record alongside the filing papers. Foreign applicants commonly need a local agent, notarised power of attorney and certified home-registration material where applicable. Review power of attorney requirements for trademark filing before signing documents abroad.

How long does the trademark registration procedure take?

An unopposed trademark application typically takes about 12–14 months from DoI filing to registration certificate. A very straightforward case may finish in about 6–8 months, but that is the favourable outcome, not the normal promise. The mandatory 90-day Bulletin opposition period is part of every accepted filing.

Examination queues, document corrections, objections and opposition can extend the period. An opposition changes the matter from a routine filing into a contested proceeding before the DoI. It should be handled carefully, because the Department of Industry also acts as a quasi-judicial body for trademark protection and enforcement.

What happens during examination and opposition?

The DoI examines whether the mark is distinctive, properly classified and too close to an earlier mark before Bulletin publication. Under Sec. 18, it may refuse marks that damage another mark’s goodwill or fall within other statutory restrictions. Publication then gives third parties 90 days to oppose.

An examiner may question a mark that is generic, descriptive, deceptive, offensive, or confusingly similar to an earlier pending or registered mark. A common mistake we see is assuming that a different spelling avoids conflict. “HIMAL BREW” and “HIMALI BREW” may still create a similar overall commercial impression for related goods.

Imagine a Pokhara business launching “Momo Ghar 88” for restaurant services. It should check Class 43 and related activity before filing. If a close earlier restaurant mark exists, changing the brand before signage, menus and social media rollout is usually safer than trying to defend a weak application later.

If another party opposes after publication, the applicant should respond with evidence and legal arguments rather than ignore the notice. Our team can help you assess conflicts, prepare filings and handle a contested Bulletin opposition through our trademark opposition and enforcement service. This article is general information, not legal advice; obtain advice for your mark and facts.

What does trademark filing cost and what affects it?

Trademark filing costs depend on the number of NICE classes, government charges, document preparation and professional support. Because Nepal requires one application per class under Sec. 18A, adding goods or services in separate classes increases the total. Foreign filing and contested opposition work can also require more preparation.

Do not decide the class merely to reduce the initial amount. An under-classified application can leave a valuable product or service uncovered, while an overbroad specification can create avoidable issues. For a current estimate based on your classes and filing situation, use the trademark fee calculator or ask our team through IP Sewa contact support.

How do you protect the mark after receiving a certificate?

A DoI registration certificate protects the registered trademark for seven years from registration and can be renewed indefinitely in further seven-year periods. Sec. 23B governs renewal timing, while Sec. 18C allows cancellation where a registered mark is not put into use within one year of registration.

Keep the certificate, application number, registered label and renewal record together. Use the mark consistently in the version registered. If you later change the logo substantially, add new services, transfer ownership, or license the mark, seek advice before assuming the existing certificate covers the change.

Renewal must be handled within the statutory renewal period, and delayed action can put the registration at risk. A renewal calculator can help you plan dates, but a certificate holder should still verify its records and obtain advice where ownership or use is unclear.

What are the most common TM filing mistakes in Nepal?

The most common mistakes are filing without a similarity search, choosing the wrong NICE class, naming the wrong owner and treating an OCR company registration as trademark protection. These errors matter because the DoI examines each filing under the PDTA and Nepal’s first-to-file rule rewards timely, complete applications.

• Searching only an exact name: check spelling variations, phonetic matches and related goods or services.
• Filing a descriptive slogan: choose a brand that can distinguish your business, not merely describe tea, momo, cleaning, delivery or software.
• Using inconsistent owner details: ensure the applicant on the application, board resolution and power of attorney matches.
• Protecting only one part of the brand: decide whether the name, logo, or both need separate attention.
• Using ® before registration: do not present an unregistered application as a registered mark.
• Forgetting renewal and use: registration is not a one-time task; use the mark and maintain it.

In short: how to file trademark Nepal applications properly means clearing the mark, selecting each correct NICE class, filing complete documents at the DoI, dealing with examination, waiting through Bulletin opposition, and then maintaining the seven-year registration. Filing early is usually the practical advantage.

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These related Nepal trademark and IP guides explain the forms, status checks and issues that often arise during a DoI application.

• How to fill the trademark application form in Nepal
• Trademark application form Nepal explained
• How to check trademark application status at the DoI
• Why trademark applications are rejected in Nepal
• Trademark squatting and bad-faith filings in Nepal
• Your trademark registration certificate explained
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Start by checking your proposed brand in the Nepal trademark database, then explore our trademark registration service or contact our team for help with your filing, class selection or DoI response.