Trademark registration in Nepal is governed by The Patent, Design and Trade Mark Act, 1965 (2022 B.S.). It provides the legal foundation for securing exclusive rights over brand names, logos, slogans, and other identifiers.
If you’re planning to safeguard your brand identity—whether for a startup or an established business—understanding the legal process, required documents, timelines, and costs is essential. This guide covers everything you need to know about trademark registration in Nepal.
What is a Trademark?
A trademark is any logo, symbol, sign, design, or expression that distinguishes goods or services of one business from another. It serves as a unique identifier and is essential for brand recognition.
Trademarks are vital for establishing brand identity, building customer trust, and safeguarding against unauthorized use by competitors. They provide exclusive rights to use the mark in connection with specified goods or services.
Globally, the Nike Swoosh is a clear example — a simple checkmark design registered in 1971 that now instantly identifies the brand. In the context of Nepal, the green “e” of eSewa has become equally recognizable, instantly connecting users with digital payments.
Key Considerations Before Trademark Registration
Before applying for trademark registration, consider these essential factors:
Availability Search: Conduct a thorough search to ensure your proposed trademark isn't already in use. This prevents conflicts during the registration process.
Distinctiveness: Choose a trademark that is unique and distinctive to enhance approval chances. Avoid generic terms or common phrases.
Descriptiveness: Trademarks should be suggestive or arbitrary rather than descriptive. This enhances legal protection and registration approval.
Identifying Goods and Services: Clearly specify the goods or services associated with your trademark. This ensures accurate classification and protects against unauthorized use.
Mark Format: Decide whether your mark will be a word mark, logo, or a combination. Consider registering multiple formats for broader protection.
Maintenance and Renewal: Understand the ongoing responsibilities and renewal requirements after registration. Failure to renew may result in loss of trademark rights.
Budgeting: Prepare for costs associated with trademark registration, including application fees and legal expenses.
Legal Basis for Trademark Registration in Nepal
Under the Patent, Design and Trademark Act, individuals and companies can register unique logos, names, or symbols that distinguish their products or services from others in the market. Once registered, the trademark owner gets exclusive rights and legal remedies against unauthorized use.
Authority: Department of Industry (DOI)
The Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies is the official authority responsible for handling all trademark-related matters in Nepal. This includes:
- Accepting and reviewing applications
- Publishing trademarks for opposition
- Issuing registration certificates
- Managing renewals and cancellations
The DOI also maintains Nepal’s Industrial Property Bulletin, where new applications and decisions are published.
Laws Governing Foreign Trademark Protection in Nepal
Nepal recognizes and protects foreign trademarks through several international treaties, including:
- Paris Convention for the Protection of Industrial Property
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
- WIPO Convention
These agreements allow trademark owners from other countries to claim priority, file oppositions, or seek enforcement in Nepal based on prior use or registration abroad.
Trademark Registration Process in Nepal
The complete trademark registration process in Nepal typically takes 6 to 12 months, depending on the complexity of the application and whether any oppositions are filed. Here's a step-by-step breakdown of how it works:
1. Search for Existing Trademarks
Before filing, conduct a trademark search to check if a similar or identical mark already exists. You can do this at the Department of Industry (DOI) or through its official website.
2. Submit the Application
File your trademark application with the DOI. You’ll need to provide:
- Applicant’s name and address
- A clear representation of the trademark (logo, wordmark, etc.)
- List of goods or services it will represent
3. Examination by DOI
The DOI reviews your application to ensure it meets all legal and procedural requirements. If any issues are found, you’ll be notified to amend or clarify.
4. Publication in the IP Bulletin
If your application passes the examination, it will be published in the Industrial Property Bulletin. It allows the public to view your trademark and raise any objections.
5. Opposition Period (35 Days)
From the date of publication, third parties have 35 days to file an opposition if they believe your mark conflicts with theirs. If an opposition is raised, both parties may need to present arguments or evidence.
6. Final Registration and Certificate Issuance
If no oppositions are filed—or if the opposition is resolved in your favor—the DOI will register the trademark and issue an official Certificate of Registration.
7. Renewal
Trademark registration in Nepal is valid for 7 years from the date of registration. After that, it must be renewed every 10 years to maintain legal protection. Timely renewal is essential to avoid losing rights over the mark.
Documents Required for Trademark Registration in Nepal
To register a trademark in Nepal, you must prepare and submit the following documents to the Department of Industry (DOI):
1. Trademark Application Form
Download and fill out the official application form from the Nepal Trade Portal.
2. Company Registration Certificate
A copy of the applicant’s company registration certificate issued by the Office of Company Registrar (OCR).
3. Trademark Samples
Submit four (4) samples of your trademark. The representation must be:
- Clear and accurate (logo, wordmark, or combination)
- Sized not exceeding 8×8 cm
- For wordmarks, exact wording and stylization must be specified
4. Applicant Details
Provide the following:
- Full name
- Address
- Nationality
If applying as a company: name and legal status of the entity
5. List of Goods and Services
Specify the goods or services your trademark will represent. Use the Nice Classification (International Classification of Goods and Services) to categorize your offerings appropriately.
6. Payment Receipt
Include proof of payment:
- Application Fee: NPR 1,000
- Trademark Registration Fee: NPR 5,000
(Fees as per DOI’s website on 2024/01/04. Subject to change.)
7. Power of Attorney (if applicable)
If you're appointing a legal representative or agent to file on your behalf, submit a Power of Attorney (PoA) signed by the applicant.
Note: It’s recommended to consult the DOI or a trademark professional to ensure you meet the most current procedural and legal requirements.
If you're looking to protect your brand name, logo, or slogan, our team can help you navigate the process smoothly and efficiently.
Need assistance? Contact us today to get started with your trademark registration.
What is the Difference Between Trademark and Copyright?
Trademarks protect brands, logos, and symbols that identify products or services, whereas copyrights protect original literary, artistic, or musical works. Trademarks require renewal with fees, whereas copyrights last for the life of the creator plus 70 years.
FAQs About Trademark Registration in Nepal
How much does it cost to register a brand in Nepal?
As of January 2024, the cost to register a trademark in Nepal includes:
- Application Fee: NPR 1,000
- Registration Fee: NPR 5,000
Total: NPR 6,000 (excluding legal or professional service charges, if applicable)
These fees are paid to the Department of Industry (DOI) during the application process.
How to check trademark availability in Nepal?
To check if your desired trademark is available:
- Visit the Department of Industry’s official website
- Use the online trademark search function or check the Industrial Property Bulletin
- Alternatively, you can visit the DOI office in person for a manual search
What are the 4 types of trademarks?
The main types of trademarks include:
- Word Mark – Brand names, words, or phrases (e.g., "Pepsi")
- Logo/Symbol Mark – Visual symbols or stylized designs (e.g., Nike Swoosh)
- Combination Mark – A mix of text and design (e.g., eSewa's green “e” logo)
- Service Mark – Trademarks that identify services rather than goods (used similarly to word marks or logos)
In Nepal, all these forms are recognized as eligible for registration under the PDTA Act.
What is the TM trademark under registration?
The ™ (TM) symbol stands for “trademark” and is used to indicate that a brand name or logo is being claimed as a trademark, even if it's not yet registered. In Nepal, you can use ™ once you’ve filed your application with the DOI. After successful registration, you can start using the ® (Registered) symbol to show official trademark status.