What Is Trademark Opposition? The 90-Day Window in Nepal (2026)

Trademark opposition in Nepal is a formal objection to a mark the Department of Industry (DoI) has published in the Industrial Property Bulletin. Anyone may oppose within 90 days of publication, counting the publication day as day 1. The DoI then hears both sides and decides whether the mark can be registered.

Key takeaways

• An opposition challenges a published mark before it becomes a registered one.
• The 90-day opposition window runs from Bulletin publication, and the publication day is day 1.
• A mark published on 16 October 2026 has a last day of 13 January 2027. The deadline the DoI states prevails, so act before it.
• The grounds come from the proviso to Sec. 18(1): an earlier registration, harm to another mark's reputation, prestige, morality or the national interest.
• The DoI decides after hearing both sides, and an appeal lies within 35 days under Sec. 27.
• Miss the window and you face cancellation under Sec. 18(3), a harder route.

What is trademark opposition in Nepal?

Trademark opposition is a third party's written objection to one specific application. It comes after the DoI has examined and published the mark, but before the registration certificate issues. The aim is to stop a conflicting mark before it reaches the register.

Our advocates confirm the rule in one line: a published trademark may be opposed within 90 days of its publication. The Bulletin notice exists for this purpose: it invites public claims and objections (दावी विरोध).

It is not an infringement suit. It targets one pending application, by its number, and asks the DoI to refuse it under the Patent, Design and Trade Mark Act 1965.

When does the 90-day opposition window start and end?

The clock starts on the Bulletin's publication date, not the filing date. Count the publication day as day 1, so the last day is the publication date plus 89 days. Our advocates recommend this earlier reading wherever the counting could differ.

Take Volume 20, Number 8, published on 16 October 2026: day 90 falls on 13 January 2027. The deadline the DoI states prevails over any calculation, including ours, so leave time for evidence, signatures and translations.

New issues appear on the DoI's Bulletin page. Our guide to reading the Industrial Property Bulletin explains each entry.

How many marks are open to opposition right now?

IP Sewa's archive holds more than 120 Bulletin issues and 71,500+ published marks, from Volume 1, Number 1 (22 January 2006) to Volume 20, Number 8 (16 October 2026).

On 16 October 2026, by our count of entries per publication date, 2,843 published marks in three issues were still inside their window: 1,609 from Vol. 20 No. 6 (last day 14 November 2026), 928 from No. 7 (14 December 2026) and 306 from No. 8 (13 January 2027).

The newest issue spans 35 NICE classes and owners from 13 countries; 156 of its 306 marks carry a Nepali address. Over the last 12 months, ten issues published 7,775 marks. Screen them with our free trademark search, which shows published marks, not registration status, or see our trademark statistics.

Who can oppose a trademark in Nepal?

Anyone with a genuine objection may oppose a published mark. Most opponents are earlier owners, licensees, distributors or foreign companies whose mark is known in Nepal.

A foreign opponent acts through an attorney or legal practitioner, as Sec. 20 allows. Nepal is outside the Madrid System, and Sec. 21B gives a foreign registration no title here, so a foreign owner opposing on reputation should also file in Nepal, for example through our trademark registration service.

Being first to file does not settle an opposition. In Sun Fitting Pvt. Ltd. v. Sandeep Industries (Decision No. 10304, decided 2075/03/32), the Supreme Court held that where inquiry shows a mark cannot be registered, it cannot be granted merely because its application came first.

What grounds can support a trademark opposition?

The grounds come from the proviso to Sec. 18(1), the reasons the DoI must refuse a mark. In the consolidated English text of the Act on WIPO Lex, a mark shall not be registered:

"in case it is felt such trade-mark may hurt the prestige of any individual or institution or adversely affect the public conduct or morality or undermine the national interest or the reputation of the trade-mark of any other person, or in case such trade-mark is found to have already been registered in the name of another person".

That gives four statutory grounds, and bad faith is usually argued alongside them:

The reputation limb matters most for brand owners. "Goodwill" never appears in the Act, but Decision No. 10304 says registration exists to remove confusion, keep competition fair and protect the owner's commercial goodwill (व्यापारिक ख्याति).

How does the DoI judge whether two marks are similar?

Not by spelling alone. In Kansai Nerolac Paints Ltd. v. Rukmani Chemical Industries Pvt. Ltd. (Decision No. 10561), the Supreme Court called a mark deceptively similar where letters are copied, or a letter is changed or added, so that it sounds much the same and looks the same at a glance.

The goods matter too. Under Sec. 18A(2) each class needs a separate application, and the DoI uses the 45-class NICE classification. An opposition starts with the applicant's class, but a neighbouring class can count where buyers would link the brands, such as packaged food in Class 30 and food and drink services in Class 43.

The NICE class finder shows which class a product sits in, and our guide to NICE classification explains how classes relate.

What evidence should a trademark opposition include?

The DoI's own checklist for an industrial-property complaint (उजुरी) lists three items: the complaint petition, the evidence, and the receipt for the fee paid. Confirm current requirements on the DoI's Industrial Property Section page.

The petition should name the published application, its Bulletin volume, number and date, and your grounds. Evidence should be dated and specific: your certificate or application, labels, invoices, advertisements and proof of reputation in Nepal.

Practitioners report that documents in another language need a notarised Nepali translation, so order them early. A representative also needs a signed power of attorney.

How do you oppose a trademark in Nepal, step by step?

Most oppositions follow seven steps, and the first two decide whether you have time for the rest.

1. Find the entry. Note the application number, mark, owner, NICE class and the Bulletin's publication date.
2. Work out the last day. Count the publication day as day 1, and diary a target date weeks earlier.
3. Compare the marks. Test sound, look, meaning and the goods or services against your rights.
4. Choose the grounds. Match your facts to the Sec. 18(1) proviso, and note any sign of bad faith.
5. Build the evidence. Gather certificates, dated proof of use, translations and the power of attorney.
6. File at the DoI. Lodge the petition, evidence and fee, and keep proof of the filing date.
7. Follow the hearing. Answer the applicant's reply and attend any hearing the DoI holds.

The application-number lookup finds one published entry, and the conflict checker tests a name. Our opposition and enforcement team can run every step for you.

What happens after a trademark opposition is filed?

The DoI acts as a quasi-judicial body. Sec. 18(1) requires it to "conduct necessary investigation and provide sufficient opportunity to defend" before registering a mark, so the applicant learns of the objection and can answer it.

The registration certificate waits for the result: the DoI either rejects the opposition and lets the mark proceed, or refuses the application.

A contest adds months. An unopposed application takes approximately one year or longer, typically about 12–14 months from filing to certificate and 6–8 months only in the smoothest cases. These are estimates, not promises.

Across the 12 latest issues by date (9,652 marks), the median gap from filing to publication was about 3.5 months, yet about one mark in six took over two years.

Can you appeal the DoI's opposition decision?

Yes. Sec. 27 says "any person not satisfied with the order issued by the Department under this Act may file an appeal with the Appellate Court within 35 days." Appeals from the DoI now go to the High Court.

The Kansai Nerolac dispute shows the path: a DoI decision, an appeal to the High Court Patan, then the Supreme Court. These 35 days are an appeal period, separate from the opposition window, so take advice the day an order arrives.

How can an applicant answer an opposition?

Test the opponent's case point by point. Is the cited registration still in force and renewed? Does it cover related goods? Is the claimed reputation real in Nepal, and dated before your filing? The owner search lists the opponent's other published marks.

Then show the differences as a whole: the dominant word, the logo, the meaning and the buyers. Keep every document verifiable. A clearance check before filing, through our trademark search service, is the best defence.

What if the 90-day opposition window has passed?

The mark may go on to registration, but you still have options. Sec. 18(3) lets the DoI cancel a registered mark where any refusal circumstance in Sec. 18(1) exists, after giving the holder a chance to show cause. Sec. 18C allows cancellation of a mark not used within one year of registration.

Time matters less where bad faith is shown. Decision No. 10561 holds that no limitation question arises in cancelling a mark registered with bad intent. In Sumi Distillery Pvt. Ltd. v. Guinness United Distillers & Vintners (Decision No. 8577), the Court confirmed the DoI may cancel a registration that harms another mark's reputation.

Cancellation is still the harder fight: the other side holds a certificate, and a registration is renewable any number of times, so it will not simply lapse. Our roundup of trademark opposition cases in Nepal covers more decisions.

Common mistakes: why do oppositions fail?

Most failed oppositions lose on time or on evidence, not on the law:

• Counting from the wrong day. The window runs from Bulletin publication, and that day is day 1.
• Sending a bare "it looks similar" letter. Tie each ground to dated evidence.
• Assuming a foreign registration is enough. Sec. 21B gives it no title in Nepal on its own.
• Ignoring related classes. A café brand can be hurt by a filing for packaged food.
• Using ® before registration. Sec. 18B forbids it, and Sec. 19 adds a fine and confiscation.

What does an opposition look like from start to finish?

Here is an illustration, not a real case. "Jhanjhan Masala", a Pokhara spice maker, holds a registered mark in Class 30. Its manager spots "Jhanjhaan Masaala" for spices in the Bulletin of 16 October 2026.

She diaries 13 January 2027 as the last day, with a target of mid-December. The marks differ by two letters and sound alike, the deceptive similarity Decision No. 10561 describes.

The company files its certificate, dated invoices and labels, and argues two Sec. 18(1) grounds: an earlier registration and harm to its reputation. The DoI hears both sides and decides. Had she missed the window, only cancellation would remain.

In short: what is trademark opposition in Nepal?

It is your chance to stop a conflicting mark between Bulletin publication and registration. You have 90 days, counted from publication day as day 1, and the DoI's stated deadline prevails.

The first-to-file principle generally applies, so file your own mark early too. Check each issue, act before the last day, and keep cancellation in reserve. IP Sewa clients also have Trademark Watch inside the client portal.

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Found a conflicting mark in the Bulletin? Contact IP Sewa early, or see our opposition and enforcement service for help before the last day.