Trademark Registration for NGOs in Nepal

NGOs 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 gives you exclusive rights to your brand name, logo, or tagline for 7 years.

Key Takeaways

• NGOs in Nepal must file a trademark application with the Department of Industry to protect their brand name, logo, or tagline.
• The Patent, Design and Trademark Act 1965 governs registration; Nepal follows a first-to-file rule, so the first to register owns the right.
• One application covers one NICE class; NGOs commonly file in Class 35, Class 41, and Class 45, each covering a different aspect of their work.
• The process takes 12–14 months: file → DoI examination → publication in the Industrial Property Bulletin → 90-day opposition window → registration.
• Without registration, an NGO risks copycats, losing its name to a first-to-file competitor, and having no straightforward legal basis to stop infringers.

Why NGOs in Nepal need trademark registration

NGOs in Nepal register trademarks to protect their brand identity from copycats and to secure exclusive rights under the Patent, Design and Trademark Act 1965. Without registration, another organisation can file first and block you from using your own name, logo, or tagline in Nepal.

NGOs typically protect three types of marks: the organisation’s name as a wordmark, its logo as a figurative mark, and its tagline or slogan. Each mark must be registered separately. For example, if your NGO runs a campaign called “Green Future Nepal,” you should register both the name and the logo to prevent others from using similar branding in fundraising or advocacy.

Registration also gives you a legal basis to act against infringers. If another group starts using your name or logo, you can file an opposition during the 90-day window or take legal action after registration. Without a registered trademark, your only recourse is a passing-off claim, which is harder to prove and rarely succeeds in Nepal’s courts. The Supreme Court has stressed that protecting intellectual property is a “state public duty” and that Nepal must honour its obligations under the Paris Convention and WTO TRIPS Agreement — a principle affirmed in Sumi Distillery Pvt. Ltd. v. Guinness United Distillers & Vintners Amsterdam B.V. (Decision No. 8577).

Which NICE classes apply to NGOs in Nepal?

NGOs in Nepal usually file trademark applications in three NICE classes: Class 35, Class 41, and Class 45. Each class covers a different aspect of your work, and you must file a separate application for each one.

Class 35 covers advertising, business management, and promotional services. NGOs use this class to protect their name when they run campaigns, manage volunteers, or promote fundraising events. Class 41 is for education, training, and cultural activities — ideal for NGOs that offer workshops, publish reports, or host community events. Class 45 protects social services, legal aid, and community support, which many NGOs provide directly.

How NGOs register a trademark in Nepal: step-by-step

NGOs register trademarks in Nepal by filing an application with the Department of Industry, following five clear steps. The process starts with a conflict check and ends with the registration certificate.

1. Check for conflicts. Before you file, run a trademark search using the DoI conflict checker or the NICE class search tool. This tells you if another organisation has already registered a similar name or logo in your class. If you skip this step, your application may be rejected during examination, costing you time and money.
2. Prepare your application. Gather the required documents: a notarised Power of Attorney, a board resolution from your NGO, four specimens of your mark (logo or wordmark), and a tax clearance letter. Foreign NGOs must also provide a notarised copy of their home registration certificate. You can use the AI NICE classifier to confirm which classes apply to your services.
3. File with the Department of Industry. Submit your application online or in person at the DoI’s Foreign Investment & Technology Transfer Section in Tripureshwor, Kathmandu. You will pay the government fee per class — this covers the application and registration stages. The DoI gives you an acknowledgment receipt with your application number.
4. Wait for examination and publication. The DoI examines your application for distinctiveness and conflicts. If approved, your mark is published in the Industrial Property Bulletin. This starts the 90-day opposition window, where anyone can object to your registration.
5. Receive your certificate. If no one opposes your mark, the DoI issues your registration certificate. This gives you exclusive rights to your brand name, logo, or tagline in Nepal for 7 years. You can now use the ® symbol and take legal action against infringers.

Documents NGOs need for trademark registration

NGOs in Nepal must submit several key documents to register a trademark. Domestic NGOs provide a notarised Power of Attorney, a board resolution, four specimens of the mark, a tax clearance letter, and the application form. Foreign NGOs add a notarised copy of their home registration certificate.

The Power of Attorney must be signed by an authorised representative of your NGO, sealed, and attested by two witnesses. The board resolution should confirm that the organisation approves the trademark application and authorises the representative to act on its behalf. For the mark itself, you need four clear specimens — these can be digital prints of your logo or wordmark.

Foreign NGOs must also provide a notarised and certified copy of their home registration certificate in English. This proves that your NGO is legally registered in your home country and eligible to file in Nepal. All documents must be in Nepali or English; if they are in another language, you will need a notarised translation.

How long does trademark registration take for NGOs in Nepal?

Trademark registration for NGOs in Nepal typically takes 12–14 months from filing to certificate. The Department of Industry’s examination stage alone can take 6–8 months in a favourable case, and the 90-day opposition window adds another three months. If your application is straightforward and unopposed, you may receive your certificate in about a year.

The timeline varies based on two factors: the DoI’s workload and whether anyone opposes your mark. If the DoI raises an objection during examination, you will need to respond, which can add weeks or months. If another organisation files an opposition, the DoI will hold a hearing, and the process can stretch to 18 months or longer.

To keep things moving, file a complete application with all required documents. Use the application number lookup tool to track your status and respond quickly to any DoI requests. If you are in a hurry, consider filing in the classes most central to your work first — Class 35 and Class 41 applications are often straightforward when your services are clearly described.

What happens if an NGO doesn’t register its trademark in Nepal?

If an NGO does not register its trademark in Nepal, it risks losing its brand name to a first-to-file competitor. Nepal follows a first-to-file rule, so the first organisation to file owns the rights — even if you have been using the name longer. Without registration, you have no straightforward legal basis to stop copycats or enforce your brand.

Imagine an NGO called “Hope for Nepal” has been running community health programs for five years but never registered its name. Another organisation files a trademark application for “Hope Nepal” in Class 45 (social services). The DoI approves the application, and now the original NGO cannot use its own name in fundraising or advocacy without risking legal action. The only way to challenge the registration is through a costly and uncertain passing-off claim.

Registration also protects your NGO’s reputation. If a copycat organisation uses your name to run scams or low-quality programs, donors and partners may associate the bad behaviour with your brand. A registered trademark lets you take legal action to stop the infringement and protect your organisation’s goodwill. The DoI has reinforced this principle in cases like Six Continents Hotel Inc. v. Holiday Express Travels and Tours Pvt. Ltd. (10 July 2023), where it found that using a name likely to harm the goodwill of a well-known mark would confuse the public and was filed in bad faith.

A concrete example: trademark registration for “Green Future Nepal”

“Green Future Nepal” is an NGO that runs environmental education programs and community tree-planting campaigns. To protect its brand, the organisation decides to register its name and logo as trademarks in Nepal.

First, the NGO runs a conflict check using the DoI conflict checker. It finds no identical marks but discovers a similar name registered in Class 35 (advertising). To avoid confusion, “Green Future Nepal” adjusts its tagline to “Green Future Nepal: Planting Hope” and files separate applications for the name and the logo.

The NGO files in three classes: Class 35 for fundraising and volunteer coordination, Class 41 for education workshops, and Class 45 for community support services. It submits a notarised Power of Attorney, a board resolution, four specimens of the logo, and a tax clearance letter. The DoI examines the applications and publishes them in the Industrial Property Bulletin.

During the 90-day opposition window, a local environmental group files an objection, claiming the name is too similar to its own. The DoI holds a hearing, and “Green Future Nepal” presents evidence of its five years of operation and distinct branding. The DoI rules in the NGO’s favour, and the marks are registered. The organisation now has exclusive rights to its name and logo in Nepal for 7 years.

Common mistakes NGOs make when registering trademarks in Nepal

NGOs in Nepal often make three avoidable mistakes when registering trademarks. First, they file in the wrong NICE class, which leaves their brand unprotected in key areas. Second, they skip the conflict check and later face objections or rejections. Third, they forget to renew their registration, losing their rights after 7 years.

Filing in the wrong class is the most common error. For example, an NGO that runs education programs might file only in Class 41 (education) but forget Class 35 (fundraising). If another organisation registers the same name in Class 35, the NGO cannot stop it from using the name in campaigns or donor communications. Use the NICE class finder to confirm which classes apply to your services before you file.

Skipping the conflict check is another frequent mistake. If you file without checking, you risk wasting time and money on an application that the DoI will reject. Even if your mark is approved, a third party can oppose it during the 90-day window, forcing you into a legal battle. The DoI has rejected local applications in bad faith even where the opposing party held no prior registration in that specific class — as seen in Virgin Enterprises Ltd. v. Virgin Mobile Pvt. Ltd. (12 June 2023), where the VIRGIN mark was protected across classes because it was well-known.

Finally, many NGOs forget to renew their registration. A trademark in Nepal is valid for 7 years, and you must renew it within 35 days of expiry. If you miss the deadline, you have a 6-month grace period to renew with a late fee. After that, your registration is automatically cancelled, and you will need to file a new application. Set a reminder using the renewal calculator to avoid losing your rights.

Alternatives and edge cases for NGOs

NGOs in Nepal have two alternatives to full trademark registration: passing-off claims and copyright protection. Neither gives you the same level of protection as a registered trademark, but they can help in specific situations.

A passing-off claim lets you challenge someone using your brand name or logo without permission, even if you have not registered it. To succeed, you must prove that your brand has a reputation in Nepal and that the copycat is causing confusion. This is difficult and expensive — Nepal’s courts rarely rule in favour of passing-off claims, especially for smaller NGOs. A registered trademark is a much stronger and more reliable option. The Supreme Court has established that a mark registered in bad faith can be revoked with no time bar, and that a later application by the true foreign owner can end a local registration obtained by copying, as ruled in Kansai Nerolac Paints Ltd. v. Rukmani Chemical Industries Pvt. Ltd. (Decision No. 10561).

Copyright protection is another alternative, but it only covers creative works like logos, reports, or videos — not your organisation’s name or tagline. If your logo is original, you can register it with the Nepal Copyright Registrar’s Office under the Copyright Act 2059 BS (2002). This gives you some protection, but it does not prevent others from using a similar name or logo in their own branding. For full protection, you still need a trademark.

Some NGOs also consider registering under the Madrid System for international protection, but Nepal is not a member. If you want protection in other countries, you will need to file separate applications in each one. Focus on securing your rights in Nepal first, then expand jurisdiction by jurisdiction.

In short

• NGOs in Nepal register trademarks to protect their brand name, logo, and tagline from copycats.
• The process takes 12–14 months and covers one NICE class per application.
• NGOs typically file in Class 35 (promotion), Class 41 (education), and Class 45 (social services).
• Without registration, you risk losing your name to a first-to-file competitor and having no straightforward legal basis to stop infringers.
• Common mistakes include filing in the wrong class, skipping the conflict check, and forgetting to renew.
• Use the DoI conflict checker and NICE class finder to prepare your application.

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Ready to protect your NGO’s brand? Start with a free conflict check or contact us for a consultation. If you already know which classes you need, use the trademark registration service to file your application today.