Trademark Registration in the USA, Explained

Trademark registration in the USA isn’t available in Nepal—Nepal has its own first-to-file system under the Patent, Design and Trademark Act 1965, administered by the Department of Industry (DoI). A Nepal trademark protects your brand name, logo, or slogan for 7 years, renewable indefinitely, and takes 12–14 months to register when unopposed.

Key Takeaways

• Nepal is a first-to-file country—rights go to the first valid applicant, not the first user.
• The Department of Industry (DoI) handles registration, publication in the Industrial Property Bulletin, and a 90-day opposition window.
• One application covers one NICE class—a brand spanning multiple classes needs multiple filings.
• Registration lasts 7 years and is renewable for further 7-year terms, with a 6-month late renewal grace period.
• Foreign applicants must file through a Nepal-based agent with a Power of Attorney.

Why Nepal’s trademark system is different from the USA

The USA operates under a first-to-use system, where rights stem from actual commercial use, while Nepal follows first-to-file—the first valid application secures the trademark, regardless of prior use. This means even if you’ve used a brand name for years in Nepal, someone else can register it first and block you. The Patent, Design and Trademark Act 1965 (Sec. 16–18) grants rights only upon registration with the Department of Industry.

Who should register a trademark in Nepal?

Any business, startup, or individual using—or planning to use—a brand name, logo, slogan, or product name in Nepal should register. Common filers include local cafés, clothing brands, tech startups, and foreign companies entering the Nepal market. Without registration, you risk losing your brand to a competitor who files first, even if you’ve used it longer.

Which NICE classes apply in Nepal?

Nepal uses the NICE Classification, dividing goods and services into 45 classes. One application covers one class—if your brand spans multiple classes (e.g., a café selling coffee Class 30 and offering catering Class 43), you need separate filings. The Department of Industry examines each class independently, and fees apply per class.

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

Registering a trademark in Nepal involves five key steps with the Department of Industry. Here’s what you’ll do:

1. Conduct a trademark search: Before filing, search the DoI’s database to check if your mark is already registered. Our trademark conflict checker can help you run this search quickly.
2. Prepare your application: Gather your documents (see below) and select the correct NICE class(es). If you’re unsure which class fits, our NICE class finder can guide you.
3. File with the Department of Industry: Submit your application, either in person at the DoI’s Kathmandu office or through a local agent. The DoI will issue an acknowledgment with your application number.
4. Wait for examination and publication: The DoI examines your mark for conflicts and distinctiveness. If approved, it’s published in the Industrial Property Bulletin for public opposition.
5. Respond to opposition (if any): If someone opposes your mark within the 90-day window, the DoI will hold a hearing. If unopposed, you’ll pay the registration fee and receive your certificate.

Documents required for trademark registration

The Department of Industry requires specific documents for trademark registration, depending on whether you’re a domestic or foreign applicant. 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 when unopposed. In the smoothest cases—no examiner objections, no oppositions—it can take 6–8 months. The timeline depends on:

• The DoI’s examination queue (usually 3–4 months).
• Whether your mark faces opposition during the 90-day publication window.
• How quickly you respond to any DoI queries or objections.

What does trademark registration cost in Nepal?

The cost of trademark registration in Nepal depends on two factors: government fees and professional service fees. Government fees are charged per class, so a brand spanning multiple classes will cost more. Professional fees vary depending on whether you use an agent or file yourself. For a current estimate, use our trademark fee calculator or contact our team for a quote.

Legal basis for trademark registration in Nepal

Trademark registration in Nepal is governed by the Patent, Design and Trademark Act 1965 (PDTA), which sets out the rules for registration, opposition, renewal, and enforcement. Key sections include:

• Sec. 16–18: Registration process and grounds for refusal.
• Sec. 21A: Publication and opposition procedures.
• Sec. 23B: Renewal terms and late renewal grace period.
• Sec. 18A: Classification of goods and services under the NICE system.

Nepal is also a signatory to the Paris Convention and TRIPS Agreement, which influence its IP framework, though foreign applicants must still file directly through a Nepal-based agent.

Common mistakes to avoid

Many applicants run into delays or rejections by making these avoidable mistakes:

• Filing in the wrong NICE class: A café filing in Class 30 (coffee) instead of Class 43 (restaurant services) won’t protect its brand name for dine-in services. Use our NICE class finder to pick the right class.
• Skipping the trademark search: Filing without checking existing marks often leads to conflicts and wasted fees. Always run a search first with our trademark conflict checker.
• Missing the opposition window: If someone opposes your mark, you must respond within the 90-day window—otherwise, your application is rejected.
• Incomplete documents: Missing a notarised Power of Attorney or board resolution can delay your application by months.
• Assuming first use equals rights: In Nepal, first-to-file wins—even if you’ve used the brand longer, someone else can register it first and block you.

A realistic example: registering a café brand in Nepal

Imagine you’re opening a café in Kathmandu called "Himalayan Brew". You want to protect the name, logo, and tagline ("Brewed at the Top of the World"). Here’s how you’d register:

1. Search existing marks: You run a search using our trademark conflict checker and find no conflicts for "Himalayan Brew" in Class 30 (coffee) or Class 43 (restaurant services).
2. File two applications: Since your café sells coffee (Class 30) and offers dine-in services (Class 43), you file two separate applications with the DoI.
3. Submit documents: You provide a notarised Power of Attorney, board resolution, four specimens of your logo, and your café’s industry certificate.
4. Wait for examination: The DoI examines your applications and approves them after 4 months.
5. Publication and opposition: Your marks are published in the Industrial Property Bulletin. No one opposes them during the 90-day window.
6. Receive certificates: You pay the registration fees and receive two certificates—one for Class 30 and one for Class 43. Your brand is now protected for 7 years.

Alternatives and edge cases

Not every situation fits the standard trademark process. Here are some alternatives and special cases:

• Passing off: If someone is using your unregistered brand name, you can sue for passing off under common law, but this is harder to prove than a registered trademark. Registration is always stronger.
• Well-known marks: Famous international brands (e.g., Coca-Cola, Nike) can claim protection in Nepal even without registration, but this requires proving global recognition—a high bar for most businesses.
• Foreign applicants: If you’re based outside Nepal, you must file through a local agent with a Power of Attorney. Our team can act as your agent—contact us for help.
• Late renewal: If you miss the 7-year renewal deadline, you have a 6-month grace period to renew with a late fee. After that, your registration is cancelled, and you’ll need to file a new application.
• Assignment or transfer: If you sell your business or transfer your trademark to someone else, you must record the change with the DoI. This requires a separate filing and fee.

In short

• Nepal’s trademark system is first-to-file, not first-to-use—register early to secure your rights.
• The Department of Industry handles registration, publication, and opposition under the Patent, Design and Trademark Act 1965.
• One application covers one NICE class—multiple classes mean multiple filings.
• Registration takes 12–14 months typically, or 6–8 months in the smoothest cases.
• Protect your brand for 7 years, renewable indefinitely, with a 6-month late renewal grace period.
• Foreign applicants must file through a Nepal-based agent with a Power of Attorney.

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