This guide will walk you through the laws for Trademark Registration in Nepal, explaining its importance, who should apply, and the steps involved in securing legal protection for your business. Let’s dive into the details of registering a Trademark in Nepal.
CompanyNP provides the Quickest Trademark Registration Service in Nepal. We can be reached out via Cell/Whatsapp: +977 9709090127 or Email: info@companynp.com
What is Trademark Registration in Nepal?
Trademark registration in Nepal is a legal process that grants exclusive rights to a business or individual to use a specific mark, symbol, or design to identify their products or services. In Nepal, trademark registration provides legal recognition and protection for your brand. It allows you to distinguish your goods or services from those of your competitors, building trust and recognition among customers.
Where to Register a Trademark in Nepal?
The Department of Industry (DOI), under the Ministry of Industry, Commerce, and Supplies, is the primary government agency responsible for trademark registration in Nepal. Located in Kathmandu, the DOI handles all matters related to intellectual property rights, including trademarks.
How to Register a Trademark in Nepal?
Trademark Registration in Nepal
- Step 1: Search existing trademarks
- Step 2: Complete official trademark application form
- Step 3: Submit documents and pay fees
- Step 4: Wait for examination and approval
- Step 5: Publication in Industrial Property Bulletin
- Step 6: Ninety days for opposition period
- Step 7: Receive final registration and certificate
The procedure for registering and filing a Trademark in Nepal involves several steps:
Step 1: Search existing trademarks
A comprehensive trademark search is crucial to avoid potential conflicts and rejection. Visit the Department of Industry’s database or work with a licensed trademark agent to search existing marks.
Step 2: Complete official trademark application form
Gather all necessary documents, including company registration certificates, authorization letters, and priority documents if applicable. Complete the form for trademark applications in Nepal with detailed information about your mark, including clear descriptions and classifications under the Nice Classification system. Prepare four identical copies of your trademark design or logo in the required format and size.
Step 3: Submit documents and pay fees
File your application package at the Department of Industry in Tripureshwor, Kathmandu. Foreign applicants must submit through a licensed Nepali trademark agent. Pay the official fees (NPR 1,000 per class) and ensure all supporting documents are properly authenticated. Keep copies of all submitted documents and payment receipts for your records.
Step 4: Wait for examination and approval
The Department of Industry conducts a thorough examination of your application. They check for completeness, compliance with trademark laws, and potential conflicts with existing marks. The examiner may issue office actions requiring clarification or amendments. Respond promptly to any queries to avoid delays in processing.
Step 5: Publication of Trademark at the IP Bulletin
Once the examination is successful, your trademark application is published in the Industrial Property Bulletin. This publication serves as public notice of your intent to register the trademark. The bulletin is circulated widely to allow interested parties to review new trademark applications and raise objections if necessary for the registration procedure of a Trademark.
Step 6: Opposition Period for Trademark
A 90-day window opens for third parties to file oppositions against your trademark registration. If an opposition is filed, you’ll need to respond with counter-arguments and evidence supporting your right to register the mark. This may involve hearings and negotiations with the opposing party through the Department of Industry.
Step 7: Registration of Trademark
If no oppositions are filed or if you successfully overcome any oppositions, your trademark will be registered. The Department of Industry issues a registration certificate valid for 7 years from the filing date. Mark your calendar for renewal deadlines and maintain records of trademark use to protect your rights.
Read More:
International Trademark Registration in Nepal
What Documents are Required for Trademark Registration?
The Documents Required for Trademark Registration at the Department of Industry are:
- Application Form for Trademark Registration
- Label/Logo for the Trademark
- Signed Power of Attorney
- Registration Documents of the Company
- Home Registration Certificate (Only for Foreign Trademark Registration)
How Long Does Trademark Registration Take in Nepal?
The complete procedure for filing a Trademark typically takes between 3 to 9 months from the date of application submission. CompanyNP provides One Week Temporary Trademark Activation as well.
After registration, your trademark protection lasts for 7 years from the date of application. You can renew it indefinitely for additional 7-year periods, as long as you file for renewal and pay the required fees.
What are the Costs of Trademark Registration?
The cost of Trademark Registration are:
| Fee Type | Amount |
|---|---|
| Application Fee | NPR 1,000 per class |
| Registration Fee | NPR 5,000 per class |
Professional Fees: If you choose to use a trademark agent or attorney, their fees can vary widely based on the complexity of your application and the services provided. Typically, these fees range from NPR 25,000 to NPR 50,000 or more.
What Types of Trademarks Can Be Registered?
| Registrable Trademarks | Non-Registrable Trademarks |
|---|---|
| Word Marks | Generic Terms |
| Logo Marks | Descriptive Marks |
| Combined Marks | Contrary to Public Policy or Morality |
| Color Marks | Flags/Emblems of International Organizations |
| Shape Marks | Deceptive or Confusing Marks |
| Sound Marks | |
| Pattern Marks |
What are the Grounds for Refusal of Trademark Registration in Nepal?
Nepal’s Department of Industry may refuse trademark applications based on several grounds. Absolute grounds include generic terms, descriptive marks, and non-distinctive signs. Deceptive marks that mislead the public about product qualities face automatic rejection.
Applications also fail if they conflict with existing rights or well-known marks. Religious symbols, national emblems, and marks against public order are not registrable. Procedural grounds for refusal include incomplete documentation, incorrect classification, and non-payment of fees.
Applicants can appeal refusals within 35 days by submitting written arguments and additional evidence to support their case.
Classifications of Trademark in Nepal
Nepal Trademark Registration in context of classification has categorized goods and services into 45 classes, including chemicals, industrial tools, household items, textiles, food, beverages, vehicles, and more. It also covers services like advertising, construction, legal aid, telecommunications, education, healthcare, and hospitality. Each class specifies unique items or services to streamline classification and identification.
| Class | Types of Trademark in Nepal |
|---|---|
| 1 | Chemicals, resins, plastics, manures, fire extinguishers, adhesives, tanning, food preservation. |
| 2 | Paints, varnishes, colorants, rust preservatives, natural resins, artist materials in metals. |
| 3 | Cleaning, polishing, soaps, cosmetics, perfumes, haircare, dentifrices. |
| 4 | Oils, greases, lubricants, fuels, candles, illuminants. |
| 5 | Pharmaceuticals, medical/veterinary products, disinfectants, herbicides, baby food. |
| 6 | Metals, alloys, metal constructions, railway tracks, cables, safes, ores. |
| 7 | Machinery, engines, machine parts, incubators, agriculture tools (non-hand-operated). |
| 8 | Hand tools, cutlery, razors, side arms. |
| 9 | Scientific, electrical, photographic, measuring, computing, fire extinguishing apparatus. |
| 10 | Surgical, medical, dental tools; prosthetics, suture materials. |
| 11 | Lighting, heating, cooking, refrigeration, sanitary appliances. |
| 12 | Vehicles, transportation equipment by land, air, water. |
| 13 | Firearms, ammunition, explosives, fireworks. |
| 14 | Jewelry, precious metals, watches, clocks. |
| 15 | Musical instruments. |
| 16 | Paper goods, stationery, adhesives, art materials, packaging materials. |
| 17 | Rubber, plastics, insulation, pipes (non-metal). |
| 18 | Leather goods, travel bags, umbrellas, saddlery. |
| 19 | Non-metal building materials, monuments, asphalt, pipes. |
| 20 | Furniture, mirrors, frames, goods made from wood, plastics. |
| 21 | Kitchen utensils, containers, brushes, glassware, porcelain. |
| 22 | Ropes, nets, tents, tarpaulins, sacks, raw textile materials. |
| 23 | Yarns and threads. |
| 24 | Textiles, bed and table covers. |
| 25 | Clothing, footwear, headgear. |
| 26 | Lace, embroidery, ribbons, needles, artificial flowers. |
| 27 | Carpets, rugs, linoleum, wall hangings. |
| 28 | Games, toys, gym equipment, Christmas decorations. |
| 29 | Meat, fish, poultry, eggs, milk products, oils, jams, preserves. |
| 30 | Coffee, tea, sugar, bread, spices, honey, ice, confectionery. |
| 31 | Fresh produce, seeds, flowers, animal feed. |
| 32 | Beers, soft drinks, fruit juices, syrups. |
| 33 | Alcoholic beverages (except beers). |
| 34 | Tobacco, smokers’ products, matches. |
| 35 | Advertising, business management, administration, office functions. |
| 36 | Insurance, financial, real estate services. |
| 37 | Construction, repair, installation services. |
| 38 | Telecommunications. |
| 39 | Transport, storage, travel arrangements. |
| 40 | Material treatment services. |
| 41 | Education, training, entertainment, sports, culture. |
| 42 | Science, tech, software, legal services. |
| 43 | Food/drink services, temporary accommodation. |
| 44 | Medical, veterinary, beauty care, agriculture services. |
| 45 | Social, personal, security services. |
How do I register a trademark in Nepal?
Step 1: Conduct a trademark search at the Department of Industry
Step 2: Prepare required documents
Step 3: File application with the Department of Industry and pay official filing fees
Step 4: Undergo formal examination (3-4 months)
Step 5: Publication and issuance of registration certificate if no oppositions
What is the Trademark Policy in Nepal?
The Trademark Policy is Nepal is usually determined by the processing and Status of obtaining the Trademark. Check your trademark status in Nepal by visiting the Department of Industry’s office in person or contacting your trademark attorney. Provide your application number or trademark details. Currently, Nepal does not offer online trademark status checking services.
How do I renew my trademark in Nepal?
Renew your Nepal trademark by submitting a renewal application to the Department of Industry within 6 months before expiry. Pay the renewal fee, provide the original registration certificate, and power of attorney. Late renewal is possible within 6 months after expiry with additional fees.
What are the steps in the registration of Trademark?
1. Choose your trademark (word/logo/combination).
2. Conduct an availability search.
3. Prepare and sign application documents and power of attorney.
4. Submit the application, pay fees, and wait for examination results.
5. Respond to office actions and await your registration certificate.
What is the Classification of Trademark in Nepal?
Nepal follows the Nice Classification system with 45 classes – classes 1-34 for goods and 35-45 for services. Each trademark application must specify the relevant class(es) for protection. Multiple class applications are allowed but require separate fees for each class.
Where can I register Trademark in Nepal?
Trademark Registration Process in Nepal can be completed at the Department of Industry (DOI), located at Tripureshwor, Kathmandu, Nepal. This is the only official government body authorized to handle trademark registrations in Nepal. Applications must be submitted in person or through an authorized trademark attorney.
How to register a Foreign Trademark in Nepal?
Step 1: Appoint a licensed Nepali trademark attorney to represent you.
Step 2: Prepare and notarize a power of attorney document.
Step 3: Get all documents notarized and legalized by your country’s Nepal embassy.
Step 4: Submit your application to the Department of Industry, pay fees, and wait 6-12 months.
How long does it take to register a Trademark in Nepal?
Trademark registration in Nepal typically takes 6-12 months from filing to registration if no objections arise. The examination process takes 3-4 months, publication period is 90 days, and final registration requires 2-3 months. Opposition or office actions may extend this timeline.
Can a Foreigner Register a Trademark in Nepal?
Yes, foreigners can register trademarks in Nepal. Foreign Trademark Registration Process in Nepal begins with the appointment of a local trademark attorney, provide notarized power of attorney, and submit applications through the Department of Industry. Foreign applicants have the same rights as domestic applicants but must provide additional documentation.
FOREIGN TRADEMARK REGISTRATION LINKS
- https://ssrana.in/global-ip/international-trademark-filing-registration/trademark-nepal/
- https://profitmark.net/trademark_registration/np
- https://www.lexorbis.com/global-ip-solutions/global-trademark-filing-prosecution/trademark-filing-and-registration-nepal/
- https://www.khuranaandkhurana.com/2023/07/08/process-of-registration-of-trademark-in-nepal/
- https://igerent.com/trademark-registration-nepal
- https://vietanlaw.com/guide-to-trademark-registration-in-nepal/
- https://njq-ip.com/country/nepal/trademarks/filing-requirements/
- https://www.marcaria.com/ws/en/register/trademarks/trademark-registration-nepal
- https://www.aswal.com/trademarks-in-nepal.php
Contents
- 1 What is Trademark Registration in Nepal?
- 2 How to Register a Trademark in Nepal?
- 3 What Documents are Required for Trademark Registration?
- 4 How Long Does Trademark Registration Take in Nepal?
- 5 What are the Costs of Trademark Registration?
- 6 What Types of Trademarks Can Be Registered?
- 7 Classifications of Trademark in Nepal
