Trademark Registration In Nepal

Trademark Registration In Nepal

A trademark refers to a name, word, phrase, logo, symbol, design, image, or a combination of these elements differentiating the goods or services of others from the goods and services of any firm, company, or individual.

There is also a range of non-conventional trademarks comprising marks that do not fall into these standard categories, such as those based on color, smell, or sound.

In Nepal, the protection and enforcement of trademarks are governed by the Patent, Design and Trademark Act, 1965 (PDTA). The Department of Industry (DOI) within the Ministry of Industry is the competent authority that registers and administers trademarks in Nepal

Types of trademark

Trademarks in Nepal are designated by the following symbols:

Photo: Gitty Image 

  1. ™: For an unregistered trademark, that is, a mark used to promote or brand goods
  2. ℠: For an unregistered service mark, that is, a mark used to promote or brand services
  3. ®: For a registered trademark

Procedures for trademark registration

Step 1: Submission of an application for registration of a trademark to the DoI

An application in a prescribed format shall be submitted to the DoI for registration, along with all required documents.

Step 2: Preliminary examination of the application by the DoI

After an application is submitted, the same is then examined by the registrar concerning the distinctiveness, possibility of deceptiveness, and conflicting trademarks. The registrar may accept or refuse the application subject to the provisions of the act.

Step 3: Publication of trademark in the Industrial Property Bulletin (IP Bulletin)

After conducting a preliminary examination, if the DoI finds the trademark consistent with the law, such a trademark will be published in an IP Bulletin.

Trademarks are published in the IP Bulletin to invite the public for filing an opposition to the registration of the trademark. An opposition against the published trademark shall be filed within 90 days of publication in the IP Bulletin.

Step 4: Registration of the trademark

If there is no opposition, the DoI will register the trademark and issue the trademark registration certificate.

Normally, it takes about nine months to a year to complete the process of trademark registration and issuance of a trademark registration certificate where no petition for an opposition is filed.

Documents required

The following documents are required to apply for the trademark registration in Nepal:

  1. An application in the prescribed format
  2. Certificate of registration of the proprietor of the trademark
  3. Tax registration certificate of the proprietor
  4.  Label of trademark
  5. Power of attorney (POA)

The ground of refusal of an application for the trademark

Section 18(1) of the PDTA has mentioned the following grounds upon which an application for a trademark can be rejected: In case such trademark damages the reputation of any person or institution

  1. In case such trademark contradicts public conduct/morale or national interest
  2. In case such trademark damages goodwill of the trademark of any person
  3. In case such trademark is found to have already been registered in the name of another person

Validity of the registered trademark

As per section 18D of the PDTA, the trademark shall remain valid for seven years from the date of registration.

Further, Section 23B (1) of PDTA mentioned that the trademark shall be renewed within the period of 35 days from the date of expiry. In addition to that, Section 23 B (2) provides the right to renew the trademark by making a payment of a penalty of Rs 1,000 within six months from the expiry of the said 35 days period.

If the renewal is not made within the given time, the registration will automatically get canceled.


By: Dr. Bimal Acharya

Nepal Real Estate Solution Pvt. Ltd.