Businesses and trademark applicants are warned that information letters issued prior to 2082/07/28 (14 November 2025) confirming publication in the Industrial Property Bulletin do not constitute trademark registration certificates and must not be used as such, as per the notice issued by the Department of Industry on 2083/01/04 (17 April 2026).
Introduction
The Department of Industry (DOI), under the Ministry of Industry, Commerce and Supplies, Government of Nepal, has issued a notice cautioning all patent, design, and trademark applicants against treating information letters, previously issued to notify applicants of publication in the Industrial Property Bulletin, as temporary or substitute trademark registration certificates.
The DOI notes that the practice of issuing such information letters was discontinued from 2082/07/28 (14 November 2025). Notwithstanding this, the DOI has received reports that certain industries, firms, and companies have been using information letters obtained prior to that date as though they were temporary trademark certificates. The DOI has clarified that this practice is impermissible under Section 18(b) of the Patent, Design and Trademark Act, 2022 (1965), and has warned that legal action will be taken against those found doing so.
Key Highlights
- Information letters issued to applicants confirming publication of their applications in the Industrial Property Bulletin were discontinued from 2082/07/28 (14 November 2025).
- Such information letters do not constitute, and must not be treated as, temporary or substitute trademark registration certificates.
- Under Section 18(b) of the Patent, Design and Trademark Act, 2022 (1965), a trademark may only be used after obtaining a formal trademark registration certificate.
- Businesses found using information letters as proof of trademark registration will be subject to action under prevailing law.
- Applicants are directed to refer to the DOI’s notice dated 2082/11/17 (01 March 2026) regarding trademark registration and certificate issuance, available at www.doind.gov.np.
Practical Implications
- Prohibition on Use of Information Letters as Trademark Certificates
Industries, firms, and companies that received information letters from the DOI prior to 2082/07/28 (14 November 2025) must immediately cease using such letters as evidence of trademark registration or as a basis for trademark use. The law is unambiguous: a trademark may only be used upon obtaining a formal registration certificate from the DOI.
2. Requirement to Obtain Formal Registration Certificate
Applicants whose trademark applications have been examined and published in the Industrial Property Bulletin but who have not yet obtained a formal registration certificate must complete the registration process and obtain their certificate before using the trademark. Use of a trademark without a valid registration certificate constitutes a breach of Section 18(b) of the Patent, Design and Trademark Act, 2022 (1965).
3. Consequences of Non-Compliance
Businesses found to be using information letters as substitute trademark certificates, or using trademarks without a valid registration certificate, will be subject to action under prevailing law. Affected applicants are strongly advised to review the status of their trademark applications and obtain formal registration certificates without delay.
Snapshot of Notice
This article is for general informational purposes only and does not constitute legal advice, advertisement, personal communication, solicitation or inducement. No attorney-client relationship is created through this content. Gandhi & Associates assumes no liability for any consequences resulting from actions taken based on information contained herein.
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