Introduction
A trademark is a distinctive sign used to identify and distinguish the goods or services of one enterprise from those of others. Trademarks may consist of words, names, logos, symbols, labels, devices, images, slogans, or a combination of these elements.
Trademark protection is territorial in nature. Registration of a trademark in one country does not automatically confer protection in another jurisdiction. Consequently, foreign trademark owners seeking legal protection in Nepal must obtain trademark registration in Nepal in order to secure enforceable rights within the country.
Nepal follows a registration-based trademark protection system. Although certain remedies may be available under general legal principles, registration remains the primary mechanism through which trademark rights are recognized and enforced. Foreign businesses intending to manufacture, distribute, market, or sell goods and services in Nepal are therefore strongly advised to register their trademarks before entering the Nepalese market.
Trademark registration and protection in Nepal are governed principally by the Patent, Design and Trademark Act, 2022 (1965) (“PDTA”). The Act expressly permits the registration of foreign trademarks and provides the legal framework for registration, renewal, assignment, cancellation, and enforcement of trademark rights.
The Department of Industry (“DOI”), operating under the Ministry of Industry, Commerce and Supplies, is the government authority responsible for the administration of trademark matters in Nepal.
Legal Framework
National Legislation
Trademark registration and protection in Nepal are primarily governed by the following laws:
- Patent, Design and Trademark Act, 2022 (1965) – The principal legislation governing trademark registration, publication, opposition, renewal, assignment, cancellation, and enforcement.
- Nepal Treaty Act, 2047 (1990) – Provides for the implementation of Nepal’s international treaty obligations within the domestic legal framework.
International Treaties
Nepal is a party to several international instruments relating to intellectual property protection. Pursuant to Section 9 of the Nepal Treaty Act, the provisions of treaties ratified or acceded to by Nepal become enforceable as Nepalese law to the extent of any inconsistency with domestic legislation.
The principal international instruments relevant to trademark protection include:
- Paris Convention for the Protection of Industrial Property (Member since 22 June 2001);
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (Member since 23 April 2004); and
- Convention Establishing the World Intellectual Property Organization (WIPO Convention) (Member since 4 February 1997).
Although Nepal is a member of the World Intellectual Property Organization (WIPO), it is currently not a member of the Madrid Protocol. Accordingly, international trademark registrations under the Madrid System cannot be extended to Nepal, and trademark protection must be sought through a direct national filing before the Department of Industry.
Competent Authority
The Department of Industry (DOI) is the authority responsible for:
- Receiving and processing trademark applications;
- Examining trademark registrability;
- Publishing accepted applications;
- Administering opposition proceedings;
- Registering and renewing trademarks;
- Recording assignments and changes relating to registered trademarks; and
- Adjudicating certain trademark-related disputes at the administrative level.
Eligibility for Registration of Foreign Trademarks
Foreign individuals, corporations, and other legal entities may apply for trademark registration in Nepal.
Traditionally, foreign trademark applications are filed on the basis of a valid trademark registration obtained in the applicant’s home jurisdiction. The Home Registration Certificate serves as the principal supporting document for registration in Nepal.
Priority Claims
Nepal recognizes priority rights under Section 21C of the PDTA and the Paris Convention.
An applicant who has filed a trademark application in another convention country may claim priority in Nepal, provided that the Nepalese application is filed within six (6) months from the date of the first filing. Where a valid priority claim is accepted, the Nepal application is deemed to have been filed on the priority date of the earlier foreign application.
Trademark Registration Procedure
The registration procedure for foreign trademarks is substantially similar to that applicable to domestic applicants.
| Step | Procedure | Description |
| 1 | Filing of Application | Application is filed before the DOI together with the prescribed documents and fees. Applications may be submitted in English. |
| 2 | Examination | The DOI conducts formal and substantive examination to determine compliance with legal requirements and assess potential conflicts with existing trademarks. |
| 3 | Publication | Accepted applications are published in the Industrial Property Bulletin. |
| 4 | Opposition Period | Any interested party may file an opposition within ninety (90) days from publication. |
| 5 | Registration | In the absence of opposition, the trademark proceeds to registration and issuance of the registration certificate. |
| 6 | Opposition Proceedings | If an opposition is filed, the DOI hears the parties and issues a reasoned decision. |
| 7 | Appeal | Parties aggrieved by the DOI’s decision may appeal before the competent High Court and, where applicable, further challenge the decision before the Supreme Court. |
Expected Timeline
The registration timeline may vary depending on the workload of the DOI and whether any opposition is filed.
- Uncontested applications: approximately 6–10 months.
- Contested applications: one year or longer depending upon the complexity of the proceedings and appeals.
Documents Required
The following documents are generally required for the registration of a foreign trademark in Nepal:
- Trademark application in the prescribed format;
- Notarized copy of the Home Registration Certificate;
- Four copies of the trademark representation or label (8 cm × 8 cm);
- Original Power of Attorney executed in favour of the local trademark agent or attorney;
- Board Resolution or equivalent authorization document (for corporate applicants).
Document Authentication
Documents issued outside Nepal should generally be notarized. Where documents are prepared in a language other than English, a certified English translation should also be submitted.
Grounds for Refusal
The DOI may refuse registration during examination or following opposition proceedings if the proposed trademark falls within any of the prohibited categories under the PDTA.
Common grounds for refusal include:
- The trademark is identical or confusingly similar to an earlier registered trademark;
- The trademark is deceptive, misleading, or likely to cause confusion among consumers;
- The trademark is contrary to public morality, public order, or public interest;
- The trademark adversely affects the reputation or prestige of an individual or institution;
- The trademark contains national flags, state emblems, official insignia, or protected symbols without authorization;
- The trademark is inconsistent with Nepalese law or Nepal’s international obligations.
Conducting a trademark availability search prior to filing is therefore advisable to minimize the risk of refusal or opposition.
Classification of Goods and Services
Although the PDTA authorizes the Government of Nepal to prescribe a classification system through notification in the Nepal Gazette, no separate national classification system has been formally adopted.
In practice, the Department of Industry follows the internationally recognized Nice Classification System, which consists of 45 classes:
- Classes 1–34: Goods
- Classes 35–45: Services
A separate trademark application and corresponding government fee must be filed for each class of goods or services.
Duration of Registration and Use Requirement
A trademark registration in Nepal remains valid for a period of seven (7) years from the date of registration.
Unlike many jurisdictions, Nepalese trademark law imposes a statutory use requirement. A registered trademark is expected to be brought into genuine commercial use within one year from the date of registration.
Where a trademark remains unused, the DOI may initiate an inquiry and may cancel the registration on grounds of non-use.
Trademark proprietors should therefore ensure that the registered mark is actually used in connection with the registered goods or services within Nepal after registration.
Renewal of Trademark Registration
Trademark registrations may be renewed indefinitely for successive periods of seven years.
To maintain continuous protection, the proprietor must:
- File a renewal application; and
- Pay the prescribed renewal fee within the statutory renewal period.
Where renewal is not completed within the prescribed timeframe, the law provides an additional grace period. Failure to renew within the permissible period may result in removal of the trademark from the register and loss of statutory protection.
Accordingly, trademark owners should maintain a robust trademark portfolio management system to monitor renewal deadlines.
Enforcement of Trademark Rights
Once registered, the proprietor acquires the exclusive right to use the trademark in relation to the registered goods or services within Nepal.
A registered proprietor may take legal action against unauthorized use, imitation, counterfeiting, or infringement of the trademark. Depending on the circumstances, remedies may include:
- Administrative action before the Department of Industry;
- Seizure of infringing goods by competent authorities;
- Civil remedies and injunctions before the courts; and
- Other relief available under applicable Nepalese laws.
Timely registration significantly strengthens the ability of trademark owners to prevent infringement and protect brand value in the Nepalese market.
Conclusion
Trademark registration is an essential step for foreign businesses seeking to establish or expand their presence in Nepal. Since trademark rights are territorial and Nepal is not currently a member of the Madrid Protocol, foreign trademark owners must obtain national registration in Nepal to secure effective legal protection.
Early registration not only safeguards brand identity but also facilitates enforcement against infringement, counterfeiting, and unauthorized use. Trademark owners should further ensure compliance with statutory use requirements, monitor potential infringements, and renew registrations in a timely manner to maintain uninterrupted protection.
Businesses considering market entry into Nepal are advised to seek professional legal assistance to navigate the registration process and develop an effective trademark protection strategy tailored to their commercial objectives.
