Trademark Infringement in Nepal: What to Do (2026)

Trademark infringement in Nepal means unauthorised use of a registered mark that is identical or confusingly similar for related goods or services. The Department of Industry (DoI) administers enforcement under the Patent, Design and Trademark Act 1965 (PDTA); start with evidence, then consider a demand, DoI action, or court relief.

Key Takeaways

The DoI protects registered trademarks under the PDTA, while Nepal’s first-to-file rule gives the first valid registrant the clearest enforcement position. A prompt evidence-led response matters: preserve proof, assess confusion and use the proportionate remedy before copying damages your customer trust or market position.

• A registration certificate is the strongest starting point for stopping trademark copying in Nepal.
• Similarity alone is not enough; the marks, goods or services, and risk of customer confusion all matter.
• Check that your registered mark is valid, renewed, and registered in the relevant NICE class.
• Preserve dated screenshots, product samples, invoices, packaging, and customer messages before warning anyone.
• A measured cease-and-desist letter can resolve a clear case without formal proceedings.
• The DoI is Nepal’s industrial-property registrar and a quasi-judicial forum for trademark disputes.
• Early action during the Industrial Property Bulletin opposition period can prevent a conflicting registration.

What counts as trademark infringement in Nepal?

Trademark infringement occurs when another person uses a registered trade mark without permission in a way that conflicts with the owner’s rights. Sec. 16 of the PDTA makes registration the basis of title, and the DoI examines whether the disputed use harms the goodwill of a registered mark.

A trademark can be a word, symbol, picture, or a combination of these used to distinguish one business’s goods or services from another’s. That includes a brand name, logo, wordmark, label, or packaging feature that functions as a source sign.

The practical question is not simply, “Are the names identical?” A copied name on the same goods is usually a strong concern. A slightly changed spelling, similar script, copied logo shape, or matching product presentation may also be a problem if ordinary buyers could believe there is one source, branch, licence, or business connection.

For example, imagine a Kathmandu tea seller with a registered wordmark “HIMAL LEAF” for tea products. Another seller launches “HIMAL LEEF” on similar packets with a mountain logo and similar retail channels. The misspelling does not automatically avoid liability; the overall impression and likely buyer confusion are what matter.

Why does trademark registration matter before you enforce?

Registration matters because Nepal is first-to-file: the first valid application and resulting registration provide the clearest statutory right. Under Sec. 16 of the PDTA, title is acquired on registration, and a DoI registration certificate identifies the owner, mark, and class that form the enforcement foundation.

A business name recorded at the Office of the Company Registrar (OCR) is not the same as trademark registration. OCR records a business entity or company name. The DoI registers industrial-property rights. A company can therefore face difficulty stopping a trader merely because both use a similar business name, unless it also has the relevant trademark rights.

Registration also defines scope. Nepal uses the NICE Classification, the international system of 45 classes: Classes 1–34 cover goods and Classes 35–45 cover services. One Nepali application covers one class under Sec. 18A. If you sell packaged coffee and operate cafés, you may need separate protection for the relevant goods and service classes.

A registered mark remains valid for seven years and can be renewed in further seven-year terms. Do not let a certificate lapse while pursuing a copycat. The DoI allows renewal within the applicable period, with a limited late-renewal window; use the trademark renewal service or seek advice before rights are lost.

How do you assess whether copying is legally serious?

You should assess similarity, related goods or services, and likely confusion before alleging infringement. The DoI applies the PDTA to registered marks, while a practical assessment compares the overall commercial impression rather than treating one spelling difference or one NICE class number as decisive.

Start with the registered mark as it appears on your certificate. Is the other business using the same word, a phonetic variation, a translation, or a logo with a similar visual feel? Compare what a customer sees quickly on a shop shelf, Facebook post, delivery-app listing, signboard, or invoice.

Then compare the market. A similar word used for unrelated goods may create little risk, particularly if it is descriptive or common. But the risk rises where products compete, customers overlap, the same distributors are used, or the copycat’s packaging implies a connection with the established brand.

Searches help establish the wider picture, but they do not decide the dispute alone. Search the official-record data through the Nepal trademark database, and use the Trademark Conflict Checker to screen comparable names and classes. A logo needs visual assessment as well as word searching.

What evidence should you collect before contacting the copycat?

You should collect dated, verifiable evidence before making contact because the DoI and courts decide disputes on proof. Your registration certificate, current renewal status, and records of actual infringing use are central; evidence gathered before a warning is often harder for the other party to dispute or remove.

1. Confirm your rights. Keep the registration certificate, application details, renewal record, and a clear image of the registered logo or wordmark.
2. Capture the use. Save full-page screenshots of websites, social posts, online listings, and advertisements showing dates, account names, and web addresses.
3. Buy and preserve samples. Retain products, labels, packaging, receipts, delivery records, and photographs showing where the goods were sold.
4. Record market confusion. Keep misdirected calls, customer complaints, retailer messages, returned goods, or enquiries that show buyers were genuinely misled.
5. Prepare a comparison. Place your registered mark and the disputed mark side by side with the relevant products, dates, and sales channels.
6. Get advice before escalation. A specialist can test the evidence, check registration scope, and avoid an inaccurate public accusation.

Keep originals where possible and make a simple evidence log: what you found, where, who collected it, and when. Do not alter screenshots or product photographs. A common mistake we see is sending angry messages first, then discovering that the useful listing or stock has disappeared without being properly documented.

How can you stop trademark copying without going straight to court?

You can often stop trademark copying through a carefully drafted cease-and-desist letter after confirming registration and evidence. The DoI’s role as a quasi-judicial industrial-property authority supports serious early engagement, but the PDTA process and the facts should guide the demand rather than threats or public accusations.

A cease-and-desist letter is a formal demand to stop specified conduct. It should identify your registered mark, the relevant goods or services, the examples of copying, and the action requested. Depending on the case, that may include stopping use, removing online material, changing packaging, or confirming that remaining stock will not be distributed.

Keep the language factual. Do not claim ownership in classes you never registered, promise outcomes you cannot guarantee, or accuse someone of deliberate dishonesty without evidence. A measured letter gives the recipient room to correct an honest naming mistake while preserving your position if the conduct continues.

What trademark infringement remedies are available in Nepal?

Trademark infringement remedies aim first to stop unlawful use and prevent continuing consumer confusion. The DoI can hear industrial-property disputes in its quasi-judicial role, while court proceedings may be appropriate for relief linked to the harm; the right remedy depends on the registered right, evidence, and response.

Do not assume every dispute needs the most formal route. A small retailer may stop after receiving proof of your registration. A deliberate counterfeiter with repeated sales channels may require faster, more formal action. Professional advice is particularly valuable where there are competing registrations, an earlier user, a foreign owner, or a risk of counterclaims.

This is general information, not legal advice. The PDTA and its official text are available through the Nepal Law Commission, while the Department of Industry administers the trademark register and related procedures.

How can opposition prevent a conflicting trademark registration?

You can oppose a conflicting application after its publication in the Industrial Property Bulletin and before registration. The DoI provides a 90-day opposition window in current trademark practice, so acting at publication can prevent a confusing trade mark from becoming a registered mark in the same market space.

Opposition is different from infringement action. Opposition targets an application that has not yet received its certificate. Infringement enforcement targets use that conflicts with an existing registered right. Both can matter at once if an applicant has already begun selling under the disputed name.

Check Bulletin publications and market activity regularly, especially after launching a new product or expanding into another class. Our team can assess evidence and help with an opposition or enforcement response through the opposition and enforcement service. Do not wait until the 90-day period has passed if a published application is a genuine threat.

What mistakes weaken a trademark infringement claim?

Common mistakes weaken a claim by creating gaps between the registration, evidence, and demand. The PDTA protects registered marks, not every business name or idea, and the DoI assesses matters under the registered scope. Careful preparation is more persuasive than a rushed accusation or a public online dispute.

• Using ® before registration, or describing an application as a registered mark despite Sec. 18B.
• Relying only on an OCR company registration rather than a DoI trademark certificate.
• Claiming rights outside the registered NICE class without assessing related goods and confusion.
• Sending a demand before collecting screenshots, samples, receipts, and other dated proof.
• Ignoring your own renewal date or a registration vulnerable to cancellation for non-use under Sec. 18C.
• Assuming a foreign or WIPO filing automatically protects Nepal; Nepal is not part of the Madrid System.
• Missing the Industrial Property Bulletin opposition period while a conflicting mark is still pending.

When are similar marks not necessarily infringement?

Similar marks are not automatically infringement where goods or services are genuinely unrelated and customers are unlikely to assume a commercial connection. The DoI considers registered rights under the PDTA, while the NICE Classification provides a useful starting point; it does not replace a fact-specific confusion assessment.

For instance, a common descriptive word may appear in different sectors without causing buyers to think the businesses are related. A different visual logo, different customer base, separate channels, and a clearly unrelated service can all reduce risk. Yet famous or highly distinctive marks may call for closer review, so do not rely on a simple class-number comparison.

If your own logo has not been registered, your options can be narrower and more evidence-heavy. Read what happens if someone copies an unregistered logo before assuming you have the same remedies as a certificate holder.

In short, what should a registered owner do next?

A registered owner should confirm the certificate, preserve proof, compare the marks and market, then choose a measured response. Nepal’s DoI administers trademark rights under the PDTA, and the 90-day Industrial Property Bulletin opposition period offers an earlier route where a conflicting application is still pending.

Strong cases are built on a valid registration, a relevant class, clear evidence of use, and a sensible explanation of likely confusion. Move promptly, but do not confuse speed with aggression. The right first step may be a formal letter; the right next step may be DoI action, court relief, or an opposition.

People also search for

These related Nepal IP guides explain registration scope, logo protection, opposition issues, and other infringement routes under the industrial-property system.

• What is a trademark in Nepal?
• What can be trademarked in Nepal?
• What is NICE Classification for trademarks?
• Logo vs brand: what are you really protecting?
• Criminal vs civil IP infringement in Nepal
• Patent infringement in Nepal
• Copyright infringement laws in Nepal

Check potentially conflicting marks in the Nepal trademark database, then contact our team through IP Sewa’s contact page for case-specific help with evidence, demands, opposition, or enforcement.