Trademark Registration in Australia, Explained

Trademark registration in Australia isn’t available in Nepal. Instead, the Department of Industry (DoI) registers trademarks under the Patent, Design and Trademark Act 1965, with a typical 12–14-month process, a 90-day opposition window, and 7-year renewable terms.

Key Takeaways

• Nepal’s Department of Industry registers trademarks, not Australia—filing happens under the Patent, Design and Trademark Act 1965.
• One application covers one NICE class; a brand spanning multiple classes needs separate filings.
• The process takes 12–14 months typically, with a 90-day opposition window after publication in the Industrial Property Bulletin.
• Trademarks are valid for 7 years and renewable indefinitely, with a 6-month late-renewal grace period.
• Foreign applicants must file through a Nepal-based agent with a notarised Power of Attorney.
• Common mistakes include filing in the wrong class or missing the opposition deadline.
• IP Sewa’s tools can help you search existing marks and file your application correctly.

Why register a trademark in Nepal instead of Australia?

Nepal’s Department of Industry registers trademarks under the Patent, Design and Trademark Act 1965, not Australia’s IP system. Registration gives you exclusive rights to your brand name, logo, or slogan in Nepal for 7 years, renewable indefinitely. Without it, you risk others copying your mark and the DoI refusing your application for conflicts.

Who can file a trademark in Nepal?

Any business, individual, or foreign company can file a trademark in Nepal, but foreign applicants must use a Nepal-based agent with a notarised Power of Attorney. The Department of Industry accepts applications from sole proprietors, partnerships, private limited companies, and foreign entities, provided they meet the Act’s requirements under Sec. 17–18.

Which NICE classes apply to my business?

Nepal uses the NICE Classification, with 45 classes—34 for goods and 11 for services. Each application covers one class only; if your brand spans multiple classes, you’ll need separate filings. For example, a clothing brand files in Class 25 for apparel, while a café files in Class 43 for restaurant services.

How do I register a trademark in Nepal?

The Department of Industry follows a five-step process under Sec. 17–21A of the Patent, Design and Trademark Act 1965. You’ll file an application, undergo examination, publish in the Industrial Property Bulletin, face a 90-day opposition window, and—if unopposed—receive your registration certificate.

1. File the application: Submit your application to the DoI with four specimens of your mark, a notarised Power of Attorney (if foreign), and the required documents. Use IP Sewa’s NICE class finder to pick the right class.
2. DoI examination: The DoI checks for conflicts with existing marks and compliance with Sec. 18 of the Act. If they find issues, they’ll issue an objection you must respond to.
3. Publication in the Bulletin: If approved, your mark is published in the Industrial Property Bulletin for public notice.
4. 90-day opposition window: Anyone can oppose your mark within 90 days of publication. If opposed, the DoI holds a hearing; if unopposed, you proceed to registration.
5. Receive your certificate: Pay the registration fee and receive your certificate, valid for 7 years from the registration date.

What documents do I need for trademark registration?

Nepal’s Department of Industry requires specific documents under Sec. 17 of the Patent, Design and Trademark Act 1965. Domestic applicants need an application form, notarised Power of Attorney, board resolution, trademark label, and tax clearance letter. Foreign applicants must also provide a notarised copy of their home registration certificate.

How long does trademark registration take in Nepal?

Trademark registration in Nepal typically takes 12–14 months from filing to certificate, though the smoothest cases may finish in 6–8 months. The timeline depends on DoI examination speed, whether your mark faces opposition, and how quickly you respond to objections. Publication in the Industrial Property Bulletin adds another 90 days for opposition.

What are the costs of trademark registration in Nepal?

The cost of trademark registration in Nepal depends on the number of NICE classes you file in, government fees, and professional service fees. Each class requires a separate application, and government fees apply per class. Foreign applicants also pay higher fees and must use a local agent. For a precise estimate, use IP Sewa’s fee calculator.

What are common mistakes to avoid when registering a trademark?

A common mistake is filing in the wrong NICE class, which can lead to refusal or weak protection. Others include missing the 90-day opposition deadline, not responding to DoI objections, or failing to renew on time. Foreign applicants often forget the notarised Power of Attorney or home registration certificate, delaying their application.

• Wrong NICE class: Use IP Sewa’s class finder to pick the right one for your goods or services.
• Missing opposition deadline: Track the 90-day window after publication in the Industrial Property Bulletin.
• Ignoring DoI objections: Respond promptly to avoid application rejection.
• Late renewal: Renew within 35 days of expiry, or pay a fine during the 6-month grace period.
• Incomplete documents: Foreign applicants must include a notarised home registration certificate.

Can I register a trademark in Nepal if I’m based in Australia?

Yes, but you must file through a Nepal-based agent with a notarised Power of Attorney. Nepal isn’t part of the Madrid System, so foreign applicants can’t use international registration. Your agent will submit your application to the Department of Industry, including a notarised copy of your home registration certificate if you’ve registered the mark in Australia.

What happens if someone opposes my trademark?

If someone opposes your trademark within the 90-day window after publication in the Industrial Property Bulletin, the Department of Industry holds a hearing. You’ll have a chance to respond to the opposition, and the DoI will issue a ruling. If the opposition succeeds, your application is refused; if it fails, you proceed to registration.

How do I renew my trademark in Nepal?

Renew your trademark every 7 years by filing a renewal application with the Department of Industry within 35 days of expiry. If you miss the deadline, you have a 6-month grace period to renew with a fine. After that, your registration is automatically cancelled, and you’ll need to file a new application.

A realistic example: Protecting a Nepali brand

Imagine a Kathmandu-based café called "Himalayan Brews" that wants to protect its name and logo. The owner files a trademark application in NICE Class 43 for restaurant services. After 12 months, the mark is published in the Industrial Property Bulletin. No one opposes it, so the owner pays the registration fee and receives a certificate valid for 7 years. Later, when a competitor tries to use a similar name, the owner enforces their rights under Sec. 16 of the Act.

In short

• Nepal’s Department of Industry registers trademarks, not Australia—filing happens under the Patent, Design and Trademark Act 1965.
• One application covers one NICE class; multiple classes require separate filings.
• The process takes 12–14 months typically, with a 90-day opposition window.
• Trademarks are valid for 7 years and renewable indefinitely, with a 6-month late-renewal grace period.
• Foreign applicants must use a Nepal-based agent with a notarised Power of Attorney.
• Common mistakes include filing in the wrong class or missing deadlines.

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• Nepal Intellectual Property Office (DoI) explained

Ready to protect your brand? Start with a trademark search to check for conflicts, or contact our team for help filing your application. Use IP Sewa’s NICE class finder to pick the right class for your business.