Trademark Registration in Singapore, Explained

Trademark registration in Nepal is handled by the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. The process takes 12–14 months typically, follows a first-to-file rule, and requires filing in one NICE class per application. Nepal is not part of the Madrid System, so foreign applicants must file directly through a local agent.

Key Takeaways

• Nepal operates on a first-to-file basis—rights go to the first valid applicant, not the first user.
• The Department of Industry (DoI) is the sole authority for trademark registration under the Patent, Design and Trademark Act 1965.
• One application covers one NICE class—businesses spanning multiple classes must file separately.
• The process includes filing, examination, publication in the Industrial Property Bulletin, a 90-day opposition window, and registration.
• Registration is valid for 7 years and renewable indefinitely in 7-year terms.
• Foreign applicants must file through a Nepal-based agent with a Power of Attorney.
• Common mistakes include filing in the wrong class, missing the opposition window, or not renewing on time.

What is trademark registration in Nepal?

Trademark registration in Nepal is the legal process of securing exclusive rights to a brand name, logo, or slogan under the Patent, Design and Trademark Act 1965. The Department of Industry (DoI) grants these rights after examining the application, publishing it in the Industrial Property Bulletin, and allowing a 90-day opposition period. Registration lasts 7 years and is renewable indefinitely.

Why register a trademark in Nepal?

Registering a trademark in Nepal protects your brand from copycats and legal disputes. Under Sec. 16 of the Act, only registered marks enjoy legal protection—unregistered marks have no automatic rights. A registered trademark lets you stop others from using a similar mark in your NICE class, enforce your rights in court, and license or sell your brand. Without registration, you risk losing your brand identity to a first filer.

Who can file a trademark in Nepal?

Any individual, company, or foreign entity can file a trademark in Nepal, but foreign applicants must use a Nepal-based agent with a Power of Attorney. The Department of Industry requires all applicants to submit a notarised board resolution (for companies) or a signed application (for individuals). Foreign marks must also provide a certified copy of their home registration certificate in English, per Sec. 21B–21C of the Act.

Which NICE classes apply for trademark registration in Nepal?

Nepal uses the NICE Classification, with 45 classes—34 for goods and 11 for services. Each application covers one class only; businesses spanning multiple classes must file separate applications. The Department of Industry examines applications based on the class specified, so choosing the right class is critical to avoid rejection or weak protection.

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

Registering a trademark in Nepal involves five key steps with the Department of Industry. The process starts with a search to avoid conflicts and ends with receiving your registration certificate. Here’s how it works:

1. Conduct a trademark search: Before filing, search the DoI’s database to check if your mark is already registered. You can use our free trademark search tool or file a manual search request with the DoI. This step helps avoid rejections due to similarity with existing marks.
2. Prepare and file the application: Submit Schedule 1(c) application form to the DoI, including four specimens of your mark, a notarised Power of Attorney (for foreign applicants), and a board resolution (for companies). The DoI assigns an application number and begins examination.
3. DoI examination: The Department examines your application for distinctiveness and conflicts with existing marks. If the examiner raises objections, you’ll have a chance to respond. This step typically takes 3–6 months, depending on the backlog.
4. Publication in the Industrial Property Bulletin: If approved, your mark is published in the Industrial Property Bulletin for public opposition. Third parties have 90 days to file an objection. If no opposition is filed, the DoI proceeds to registration.
5. Registration and certificate issuance: After the opposition period ends, pay the registration fee and receive your Schedule 2(c) certificate. Your trademark is now protected for 7 years from the registration date.

Documents required for trademark registration in Nepal

The Department of Industry requires specific documents for trademark registration, depending on whether you’re a domestic or foreign applicant. Missing or incomplete documents can delay or reject your application. Here’s what you’ll need:

How long does trademark registration take in Nepal?

Trademark registration in Nepal typically takes 12–14 months from filing to certificate issuance. The Department of Industry examines applications in 3–6 months, followed by a 90-day opposition period after publication in the Industrial Property Bulletin. In straightforward cases with no objections, the process can finish in 6–8 months, but this is not the norm.

What are the costs of trademark registration in Nepal?

The cost of trademark registration in Nepal depends on government fees and professional service charges. Government fees are charged per class, so filing in multiple classes increases the cost. Professional fees vary based on the complexity of your application and whether you use a local agent. For a current estimate, use our trademark fee calculator or contact our team for a custom quote.

Legal basis for trademark registration in Nepal

Trademark registration in Nepal is governed by the Patent, Design and Trademark Act 1965, administered by the Department of Industry. Key sections include:

• Sec. 16: Rights acquired only upon registration.
• Sec. 18: Grounds for refusal (e.g., similarity to existing marks, public morality).
• Sec. 18A: Classification of goods/services (NICE classes).
• Sec. 21A: Publication and opposition process.
• Sec. 23B: Renewal terms and grace periods.

Nepal is also a signatory to the Paris Convention and TRIPS Agreement, which influence its trademark laws but do not replace the domestic Act.

Common mistakes to avoid when registering a trademark in Nepal

Many applicants face delays or rejections due to avoidable mistakes. Here are the most common ones:

• Filing in the wrong NICE class: Choosing the wrong class weakens your protection. Use our NICE class finder to identify the right class for your goods or services.
• Skipping the trademark search: Failing to check for existing marks can lead to conflicts and rejections. Always search before filing.
• Missing the opposition window: If someone opposes your mark, you must respond within the 90-day period. Ignoring opposition can result in rejection.
• Incomplete or incorrect documents: Missing notarisation, board resolutions, or specimens can delay your application. Double-check all requirements before submitting.
• Not renewing on time: Trademarks expire after 7 years. Renewal must be filed within 35 days of expiry, with a 6-month grace period for late renewal. Set a reminder to avoid losing your rights.

A realistic example of trademark registration in Nepal

Imagine Himalayan Brews, a Kathmandu-based coffee shop chain. The owner wants to protect the brand name and logo for its cafés and packaged coffee beans. Here’s how the process would work:

1. Search: The owner searches the DoI database and finds no conflicting marks for "Himalayan Brews" in NICE Class 30 (coffee, tea) or Class 43 (restaurant services).
2. File: The owner files two separate applications—one for Class 30 (packaged coffee) and one for Class 43 (café services). Each application includes the logo, a notarised board resolution, and the required fee.
3. Examination: The DoI examines both applications and approves them after 4 months.
4. Publication: The marks are published in the Industrial Property Bulletin. A competitor files an opposition for Class 30, claiming similarity to their existing mark. The owner responds with evidence of distinctiveness, and the DoI rules in their favour.
5. Registration: After the opposition is resolved, the owner pays the registration fee and receives certificates for both classes. The marks are now protected for 7 years.

Alternatives and edge cases in trademark registration

Not all trademark situations fit the standard process. Here are some alternatives and edge cases:

• Unregistered marks: While unregistered marks have no automatic rights, you can still enforce them under the passing-off doctrine if you can prove prior use and reputation. However, this is harder and more expensive than registration.
• Well-known marks: If your mark is internationally recognised (e.g., Coca-Cola), you can request protection in Nepal under the Paris Convention, even without local registration. The DoI may grant protection based on global reputation.
• Collective marks: Associations or groups can register collective marks to distinguish their members' goods or services. The process is similar but requires additional documentation, such as the association’s bylaws.
• Series marks: If you have multiple variations of a mark (e.g., "Himalayan Brews," "Himalayan Brews Café," "Himalayan Brews Roasters"), you can file them as a series in one application, provided they share a common distinctive element.

In short

• Trademark registration in Nepal is handled by the Department of Industry under the Patent, Design and Trademark Act 1965.
• The process takes 12–14 months typically, with a 90-day opposition window after publication.
• One application covers one NICE class—businesses spanning multiple classes must file separately.
• Registration lasts 7 years and is renewable indefinitely in 7-year terms.
• Foreign applicants must file through a Nepal-based agent with a Power of Attorney.
• Common mistakes include filing in the wrong class, skipping the search, or missing the opposition window.

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Ready to protect your brand? Start with a trademark search to check for conflicts, or contact our team for help with filing. For a cost estimate, use our trademark fee calculator.