Trademark Registration for Import/Export Businesses in Nepal

Import/export businesses in Nepal register trademarks with the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. The process takes 12–14 months, covers one NICE class per application, and protects your brand name, logo, and product lines from copycats.

Key Takeaways

• Nepal is first-to-file: rights follow the first valid application, not first use.
• One trademark application covers one NICE class; import/export businesses typically file in Classes 1–34 (goods) and Class 35 (import/export services).
• The Department of Industry publishes your mark in the Industrial Property Bulletin; anyone can oppose it within 90 days.
• Registration lasts 7 years and is renewable indefinitely.
• Foreign applicants must file through a Nepal-based agent with a notarised Power of Attorney.

Why import/export businesses need trademark registration in Nepal

Import/export businesses in Nepal register trademarks to stop competitors copying their brand name, logo, or product lines. Under the Patent, Design and Trademark Act 1965 (Sec. 16), only the registered owner can use the mark in Nepal—unregistered marks have no legal protection, even if you’ve used them for years.

Without registration, a competitor can file first and block you from using your own brand. The Department of Industry’s first-to-file rule means rights follow the first valid application, not first use. A registered trademark also lets you enforce rights against counterfeit goods at customs and in court.

Which NICE classes apply to import/export businesses?

Import/export businesses in Nepal file trademark applications in the NICE Classification, Classes 1–34 for goods and Class 35 for import/export services. Each application covers one class; if your brand spans several product lines, you need separate applications for each.

The Department of Industry uses the international NICE system, so Class 30 (coffee, tea, spices) protects your branded spices, while Class 35 covers your import/export agency services. A common mistake is filing only for the goods and forgetting the service class, leaving the business name unprotected.

What marks can import/export businesses register?

Import/export businesses in Nepal register word marks (brand names), logos, taglines, and product names. The Patent, Design and Trademark Act 1965 (Sec. 2) defines a trademark as any word, symbol, or picture—or combination—that distinguishes your goods or services from others.

You can register your company name ("Himalayan Spice Co."), a product line ("Everest Tea"), or a logo (a stylised mountain peak). A common mistake is assuming a company registration with the Office of the Company Registrar automatically protects the name—it doesn’t. Trademark registration with the Department of Industry is the only way to secure exclusive rights.

How to register a trademark for an import/export business in Nepal

To register a trademark for your import/export business in Nepal, follow these five steps with the Department of Industry. The process takes 12–14 months when unopposed and covers one NICE class per application.

1. Conduct a trademark search. Use the trademark conflict checker to see if your mark is already registered in your chosen NICE class. The Department of Industry’s search covers word marks but is less reliable for logos.
2. File the application. Submit the application form, four specimens of the mark, and the required documents to the Department of Industry. Foreign applicants must file through a Nepal-based agent with a notarised Power of Attorney.
3. DoI examination. The Department examines your application for distinctiveness and conflicts with existing marks. If there’s an objection, you’ll have a chance to respond.
4. Publication and opposition. If approved, your mark is published in the Industrial Property Bulletin. Anyone can oppose it within 90 days; if opposed, the Department holds a hearing.
5. Registration and certificate. If unopposed, pay the registration fee and receive your certificate. The mark is now protected for 7 years.

Documents needed for trademark registration

Import/export businesses in Nepal need these documents to register a trademark with the Department of Industry. Domestic and foreign applicants submit slightly different sets, but both require a notarised Power of Attorney.

For domestic applicants: application form, notarised Power of Attorney (signed, sealed, two witnesses), board resolution, trademark label, industry certificate, and latest tax clearance letter. Foreign applicants also need a notarised copy of their home registration certificate in English. A common mistake is skipping the board resolution, which the Department requires even for sole proprietorships.

How long does trademark registration take for import/export businesses?

Trademark registration for import/export businesses in Nepal typically takes 12–14 months from filing to certificate. The Department of Industry’s process includes examination, publication in the Industrial Property Bulletin, and a 90-day opposition window.

In the smoothest cases—no objections, no oppositions—the process can finish in 6–8 months. However, most applications take the full 12–14 months due to examination backlogs or minor objections. A common mistake is assuming the 6–8 month timeline is the norm; it’s the best-case scenario, not the typical one.

What drives the cost of trademark registration for import/export businesses?

The cost of trademark registration for import/export businesses in Nepal depends on the number of NICE classes you file in, government fees, and professional service fees. Each class requires a separate application, so a brand that spans three classes will pay three times the government fee.

Government fees cover the application and registration, while professional fees cover document preparation, filing, and responding to any objections. Foreign applicants also pay higher fees and must use a Nepal-based agent. For a current estimate, use the trademark fee calculator.

Legal basis for trademark registration in Nepal

Trademark registration for import/export businesses in Nepal is governed by the Patent, Design and Trademark Act 1965 (PDTA). The Act defines what a trademark is (Sec. 2), sets the registration process (Sec. 17–21), and establishes the rights of the registered owner (Sec. 16).

The Department of Industry administers the Act and publishes registered marks in the Industrial Property Bulletin. Nepal is a first-to-file country, meaning rights follow the first valid application, not first use. The Act also sets the 7-year registration term and renewal rules (Sec. 23B).

Common mistakes import/export businesses make when registering trademarks

Import/export businesses in Nepal often make these mistakes when registering trademarks: filing in the wrong NICE class, skipping the trademark search, or assuming company registration protects the brand name. A common error is filing only for the goods (e.g., Class 30 for spices) and forgetting the service class (Class 35 for import/export agency), leaving the business name unprotected.

Another mistake is not responding to examiner objections, which can delay or derail the application. Some businesses also assume a logo is automatically protected if the word mark is registered—it isn’t. Each element needs its own application.

A realistic Nepal example: "Kathmandu Spice Traders"

Kathmandu Spice Traders imports spices from India and exports them to Europe under the brand "Everest Gold". To protect the brand, they register two trademarks with the Department of Industry: "Everest Gold" in Class 30 (coffee, tea, spices) for the product line, and "Kathmandu Spice Traders" in Class 35 (import/export agency services) for the business name.

They conduct a trademark search first to ensure no one else has registered "Everest Gold" in Class 30. After filing, the Department examines the applications and publishes them in the Industrial Property Bulletin. A competitor opposes the Class 35 mark, claiming it’s too similar to their own. Kathmandu Spice Traders responds with evidence of prior use, and the Department rules in their favour. Both marks are registered, and the company now has exclusive rights to "Everest Gold" spices and "Kathmandu Spice Traders" services in Nepal.

Alternatives and edge cases for import/export businesses

Import/export businesses in Nepal have alternatives to full trademark registration. If you’re not ready to file, you can use the "TM" symbol to claim common-law rights, though this offers no legal protection. For foreign businesses, filing under the Paris Convention gives you a 6-month priority window to register in Nepal.

Edge cases include well-known marks (protected even without registration under Sec. 18B of the Act) and collective marks (used by associations, not individual businesses). If your mark is descriptive (e.g., "Best Spices"), the Department may refuse it unless you prove it’s distinctive through long use.

In short, trademark registration is the only way to secure exclusive rights to your brand in Nepal. The process takes 12–14 months, covers one NICE class per application, and requires careful document preparation. Avoid common mistakes like filing in the wrong class or skipping the trademark search, and always respond to examiner objections.

• Import/export businesses typically file in NICE Classes 1–34 (goods) and Class 35 (import/export services).
• The Department of Industry’s first-to-file rule means rights follow the first valid application, not first use.
• Registration lasts 7 years and is renewable indefinitely.
• Foreign applicants must file through a Nepal-based agent with a notarised Power of Attorney.
• Avoid common mistakes like filing in the wrong class or assuming company registration protects the brand name.

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Ready to protect your import/export brand? Start with a trademark search or contact us for a consultation. For a full filing service, visit trademark registration in Nepal.