Trademark registration in Nepal is handled by the Department of Industry (DOI), under the Ministry of Industry, Commerce and Supplies, governed by the Patent, Design and Trademark Act, 2022 (1965) (“PDTA”).
- Where to file: DOI office in Tripureshwor, Kathmandu (foreign applicants must file through a licensed Nepali trademark agent)
- Government fee: Roughly NPR 1,000 per class for domestic applicants (higher for foreign applicants) at filing, plus a further registration fee once approved
- Timeline: This varies significantly depending on whether anyone opposes your application — commonly cited ranges run from about 4–5 months for a clean, unopposed case up to 12 months or more when examination queues or opposition are involved. Get a current estimate from DOI or your lawyer rather than relying on a fixed number.
- Validity: 7 years from the date of registration, renewable indefinitely in further terms
- Key principle: an unregistered trademark in Nepal has very limited legal protection — registration is what actually gives you enforceable rights against copycats
Why Registration Actually Matters
Using a brand name or logo without registering it isn’t illegal, but it leaves you exposed. Under the PDTA, a trademark only receives full legal protection once it’s registered with the DOI — until then, someone else can adopt a similar name or logo, and your ability to stop them is much weaker. Registering early, ideally before you’ve invested heavily in branding, marketing, and signage, is the difference between having a real legal remedy and having an awkward, expensive dispute later.
Step 1: Conduct a Trademark Search
Before filing, search the DOI’s existing records to check whether your proposed mark — or something confusingly similar — is already registered. This step matters because filing a mark that conflicts with an existing registration is a common reason applications get rejected or opposed later, after you’ve already invested time and money.
A practical limitation worth knowing: searches at the DOI are generally effective for word marks, but figurative elements (logos, stylized designs) aren’t searchable in the same way — so a search can tell you if your brand name is available, but won’t fully clear a logo design against every existing similar-looking mark. This is one of the areas where an experienced trademark agent’s judgment adds real value beyond just running the official search.
Step 2: Choose Your Class(es)
Nepal uses the international Nice Classification system, covering Classes 1–34 (goods) and 35–45 (services). You need to identify which class (or classes) your goods or services fall under — a clothing brand and a software company, for example, fall under entirely different classes.
Important: Nepal requires a separate application and a separate government fee for each class, even if you’re registering the same mark. If your business spans multiple categories (say, both physical retail goods and an app), you’ll need to file — and pay — for each relevant class separately.
Step 3: Prepare Your Application and Documents
For a domestic applicant, you’ll typically need:
- The trademark itself (multiple identical copies of the design/logo, in the format and size DOI requires — commonly cited as eight copies)
- Business registration certificate (company registration, PAN/VAT certificate, or equivalent, depending on your business structure)
- Applicant’s citizenship certificate, or company registration documents if filing as a business entity
- A completed application form specifying the class(es) and description of goods/services
For a foreign applicant, additionally:
- A Power of Attorney authorizing a licensed Nepali trademark agent to file on your behalf (foreign applicants cannot file directly — this must go through a licensed agent)
- A certified copy of your home-country trademark registration certificate, if the mark is already registered elsewhere
Step 4: File the Application and Pay Government Fees
Submit your application, documents, and fees to the DOI in Tripureshwor, Kathmandu. You’ll receive an acknowledgment receipt with an application number — keep this, since it’s your reference point for tracking the application through examination.
Fee structure (approximate, confirm current rates with DOI or your lawyer):
- Application fee: around NPR 1,000 per class for domestic applicants (roughly double for foreign applicants)
- Registration fee: an additional amount payable once your application is approved, before the certificate is issued
- Renewal fee: a smaller fee, payable when you renew after each 7-year term
Fees are prescribed under the Patent, Design and Trademark Rules and are periodically updated, so treat these as planning estimates rather than fixed figures at the time you file.
Step 5: DOI Examination
The DOI conducts a formal examination to check that your mark:
- Is genuinely distinctive and capable of distinguishing your goods/services from others
- Doesn’t conflict with an existing registered trademark
- Doesn’t fall into a prohibited category (see below)
This examination stage is commonly the longest part of the timeline, and is where queues at the DOI — rather than anything about your specific application — often determine how long the process takes overall.
Step 6: Respond to Objections, If Any
If the examiner raises an objection — a similarity concern, a classification issue, a documentation gap — you’ll be notified and given the opportunity to respond. Responding promptly and thoroughly is one of the most effective ways to keep your application moving, since delayed or incomplete responses are a common cause of applications stalling for months.
Step 7: Opposition Period
Once your application clears initial examination, it becomes open to opposition — meaning a third party who believes the mark conflicts with their own rights can formally object before registration is finalized. If no opposition is filed, the application proceeds to registration. If opposition is filed, the case effectively becomes a mini-dispute that DOI has to resolve before your registration can be completed, which adds meaningfully to the timeline.
Step 8: Registration and Certificate Issuance
Once the registration fee is paid and no unresolved opposition remains, the DOI formally registers your trademark and issues a certificate of registration — this is your official proof of ownership and the trigger for your 7-year validity period.
What Can’t Be Registered
Certain marks are refused under the PDTA, including those that:
- Damage the reputation or prestige of a person or institution
- Adversely affect public conduct or morality
- Undermine the national interest
- Lack genuine distinctiveness (too generic or descriptive to function as a brand identifier)
If your proposed mark brushes up against any of these categories, it’s worth getting a lawyer’s read before filing rather than after a rejection.
Renewal: Don’t Let Your 7 Years Lapse Quietly
Trademark registration in Nepal is valid for 7 years from the date of registration, and needs to be actively renewed to stay protected — it doesn’t renew automatically. Missing a renewal deadline can mean losing protection on a brand you may have spent years building, so this is worth tracking carefully, ideally with a reminder well before the deadline rather than relying on memory.
Documents Checklist
- Multiple copies of the trademark design/logo, in DOI’s required format
- Business registration certificate, PAN/VAT certificate
- Applicant’s citizenship certificate (or authorized signatory’s, for a company)
- Completed application form with class(es) specified
- Power of Attorney (foreign applicants only)
- Certified copy of home-country registration certificate (foreign applicants only, if applicable)
Frequently Asked Questions
1. Which law governs trademark registration in Nepal? The Patent, Design and Trademark Act, 2022 (1965), administered by the Department of Industry.
2. How long does trademark registration take in Nepal? It varies considerably based on examination queues and whether opposition is filed — commonly cited ranges run from about 4–5 months for a clean case up to 12 months or longer. Confirm a current estimate with the DOI or your lawyer.
3. How much does it cost to register a trademark in Nepal? Roughly NPR 1,000 per class at filing for domestic applicants (higher for foreign applicants), plus a further registration fee once approved — exact figures are periodically updated under the Patent, Design and Trademark Rules.
4. How long is a registered trademark valid? 7 years from the date of registration, renewable for further terms.
5. Can I register the same trademark across multiple product categories in one application? No — Nepal requires a separate application and separate fee for each class under the Nice Classification system, even for the identical mark.
6. Can a foreign company register a trademark in Nepal directly? No — foreign applicants must file through a licensed Nepali trademark agent, using a Power of Attorney.
7. What happens if someone opposes my trademark application? The DOI resolves the opposition before proceeding to registration, which typically extends your timeline until the dispute is settled.
8. What if the DOI raises an objection to my application? You’ll have the opportunity to respond — responding promptly and thoroughly is important, since delayed responses commonly cause applications to stall.
9. Does registering my company name with OCR also protect it as a trademark? No — company name registration and trademark registration are separate processes under different laws. Registering your company doesn’t automatically give you trademark protection for your brand name or logo.
10. Can a logo be fully cleared through a DOI trademark search before filing? Not entirely — DOI searches are generally effective for word marks, but figurative elements like logos aren’t as thoroughly searchable, so professional judgment is valuable here beyond the official search alone.
11. What kinds of marks can’t be registered in Nepal? Marks that damage a person’s or institution’s reputation, offend public morality, undermine the national interest, or lack genuine distinctiveness can be refused.
12. What happens if I forget to renew my trademark after 7 years? You risk losing your registered protection, potentially leaving your brand open to use by others — renewal isn’t automatic, so it needs to be actively tracked and filed before the deadline.
How Nepal Legal Service Can Help
A trademark is often one of the most valuable — and most overlooked — assets a growing business has. Our IP team handles:
- Trademark searches and clearance assessment before you file
- Full application preparation and filing with the DOI, across single or multiple classes
- Responding to examiner objections and managing opposition proceedings
- Foreign applicant representation as your licensed Nepali trademark agent
- Renewal tracking so your protection never lapses
- Enforcement support if you discover unauthorized use of your registered mark
Get in touch for a consultation: 📍 Babarmahal, Kathmandu, Nepal 📞 +977 9851020168 (WhatsApp available) ✉️ info@nepallegalservice.com