Trademark applicants must ensure their applications are based on original creations and do not fall under the prohibited grounds listed under Schedule 5 of the Trademark Directive, 2072 (2015), as per the notice issued by the Department of Industry on 2082/12/18 (1 April 2026).
Introduction
The Department of Industry (DOI), under the Ministry of Industry, Commerce and Supplies, Government of Nepal, has issued a notice reminding all trademark applicants of the grounds on which trademark registration applications will not be processed.
According to the notice published on 2082/12/18 (1 April 2026), applications for trademark registration must be filed in accordance with the Patent, Design and Trademark Act, 2022 (1965) and prevailing laws, with due regard to the prohibited grounds listed under Schedule 5 of the Trademark Directive, 2072 (2015). The DOI has further clarified that applications must be based on the applicant’s own original creation, and that any application found to contain the prohibited elements will not be advanced in the trademark registration process.
Key Highlights
- All trademark registration applications must be based on the applicant’s original creation and filed in compliance with the Patent, Design and Trademark Act, 2022 (1965) and the Trademark Directive, 2072 (2015).
- Applications containing any of the following elements will not be processed:
- Marks that are detrimental to the reputation of any person or institution;
- Marks that are contrary to public morality, ethics, or religious, social, or cultural decency, or that adversely affect national interest;
- Marks that prejudice the reputation of other’s trademark;
- Marks that are likely to cause confusion with a trademark already registered or pending registration in another person’s name;
- Marks that are similar to the flag, emblem, name, or abbreviation of any country or international organisation, or the name, seal, or logo of a government body;
- Marks that appear on the World Health Organization’s generic list for pharmaceuticals;
- Marks that are similar to the Olympic symbol;
- Marks that are similar to well-known trademarks;
- Marks that are similar to the name of a public body or public designation;
- Marks that adversely affect Nepal’s relations with neighboring, friendly, or international organisations;
- Marks formed by adding a prefix or suffix to an already registered trademark;
- Marks that are similar to a geographical name or that give a false indication of geographical origin;
- Marks containing words denoting an ethnic group listed in the latest national census report;
- Marks consisting of descriptive words relating to the goods or services themselves; and
- Marks containing signs, words, or logos prohibited under prevailing law.
Practical Implications
Practical Implications
1. Pre-Filing Review of Trademark Applications
Applicants intending to file trademark registration applications with the DOI must carefully review their proposed marks against the prohibited grounds set out in Schedule 5 of the Trademark Directive, 2072 (2015) prior to submission.
2. Requirement of Original Creation
The DOI has emphasised that trademark applications must be based on the applicant’s own original creation. Applicants should therefore avoid adopting or adapting marks that are derivative of, or similar to, existing registered trademarks, well-known marks, or marks belonging to public bodies, international organisations, or government institutions.
Applicants are strongly advised to conduct a thorough trademark clearance search and seek professional legal advice prior to filing, in order to assess whether their proposed mark may fall within any of the prohibited categories.
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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