Frequently Asked Questions (FAQ)on Trademark Registration in Nepal

Frequently Asked Questions (FAQ)on Trademark Registration in Nepal

01. What is a trademark?

A trademark is a sign, logo, word, phrase, or symbol that distinguishes the goods or services of one business from another. It serves as a unique identifier and helps consumers recognize the origin and quality of a product or service providing legal protection to the brand infringement.

 

02. Which law governs trademark registration in Nepal?

Trademark registration and protection in Nepal are governed by the Patent, Design and Trademark Act, 2022 B.S. (1965 A.D.) "PDTA".  For detailed understanding regarding the Patent, Design and Trademark Act check the article link of our website: 

Patent, Design and Trademark Act

 

03. Which authority handles trademark registration in Nepal?

The Department of Industry (DOI), under the Ministry of Industry, Commerce and Supplies, is the competent authority for registration, renewal, and administration of trademarks in Nepal.

 

04. Who can apply for a trademark in Nepal?

Both Nepali business and foreign companies can apply for trademark registration.

 

05. What types of trademarks can be registered in Nepal?

The following types of marks can be registered:

  • Word Marks – names, slogans, or words

  • Logo Marks – graphical or symbolic representations

  • Combination Marks – a mix of words and logos

  • Collective Marks – used by groups or associations

 

06. How can I check if a trademark is already registered in Nepal?

Unlike many countries, Nepal does not have an open online trademark database.
To conduct a trademark search, you must file a trademark search request with the DOI, along with a government fee of NPR 500 per trademark per class.

 

07. What documents are required for trademark registration?

The documents for the trademark registration depend on whether the applicant is domestic or foreign:

 

For a Nepalese applicant:

  • Application form (prescribed format)

  • Company registration certificate

  • PAN/VAT Certificate 

  • Tax Clearance Certificate 

  • Board resolution/Minute

  • Power of attorney 

  • Industry registration certificate

 

For a foreign applicant (notarized copies required):

  • Home country trademark registration certificate or trademark filing application ( Notarized) 

  • Company registration certificate ( Notarized) 

  • Board resolution

  • Power of attorney ( Notarized) 

 

08. What is the process for trademark registration in Nepal?

The process for registration of Foreign Trademark in Nepal is as mentioned;

 

Process of trademark registration in Nepal

 

Step 1 : Submission of the registration application before DOI

Step 2 : Preliminary Examination (DOI will examine if the trademark is similar to already existed trademark)

Step 3 : Publication of trademark at Intellectual Bulleting at DOI for the purpose of Opposition 

Step 4: Registration of Trademark (in case opposition is not received) 

 

For detail understanding regarding the process  of trademark registration check the article link : https://lawbhandari.com/publication/trademark-registration-in-nepal

 

09. How long does it take to register a trademark in Nepal?

The process generally takes 7 to 9 months from the date of application, provided there are no oppositions or objections.

 

10. Can I register the same trademark in multiple classes?

Yes. You can register the same trademark in multiple classes under the Nice Classification system. A separate application and fee are required for each class.

 

11. What are the grounds for refusal of a trademark application?

The grounds for refusal of a trademark application are :

  1. If such trademark is found to have already registered in the name of another person;

  2. In case such trademark damages goodwill of trademark of any person;

  3. In case of such trademark damages the reputation of any person or institution; or

  4. In case such a trademark is in contrast to public conduct or morality or undermines national interest.

 

12. What is the validity period of a trademark registration in Nepal?

A registered trademark is valid for 7 years from the date of registration and can be renewed indefinitely in successive 7-year terms.

 

13. What are the government fees for trademark registration?

The government fees for trademark registration are:

  1. Trademark Search Fee : NPR 500 Per Trademark Per Class 

  2. Trademark Application Fee: NPR 1000 Per Trademark Per Class 

  3. Trademark Registration Fee: NPR 5,000 Per Trademark  Per Class

  4. Renewal Fee: NPR 500 Per Trademark Per Class Per year    

 

 

14. Can a registered trademark be transferred or assigned?

Yes. A trademark can be assigned or transferred by submitting an assignment deed to the DOI and applying to record the ownership change.

 

15. Does Nepal recognize and protect foreign well-known trademarks?

Nepalese law provides limited recognition of well-known foreign trademarks.
Under Section 21(B) of the PDTA, a foreign trademark receives protection only after registration in Nepal.

 

However, Sections 18(1) and 18(3) indirectly recognize reputation-based protection, allowing refusal or cancellation if a new mark damages another’s reputation.
Nepal’s membership in the Paris Convention also obligates protection of well-known marks, though judicial enforcement remains limited in practice.

 

16. Can a foreign company register its trademark in Nepal through an agent?

Yes. A foreign company may file through a local authorized representative or law firm by issuing a Power of Attorney duly notarized and legalized.

 

17. What happens if my trademark is not used after registration?

If a registered trademark is not used within one year, it may be subject to cancellation upon challenge.

 

18. What remedies are available for trademark infringement in Nepal?

If someone infringes your registered trademark, you may:

  1. File a opposition and trademark cancellation request before the Department of Industry;

  2. Initiate legal action in the appropriate court;

  3. Seek injunctions, damages, and seizure of counterfeit goods.

 

For detail regarding the trademark infringement remedy kindly check the article link: 

https://lawbhandari.com/publication/trademark-infringement-in-nepal-highlights

 

19. What are the benefits of registering a trademark in Nepal?

  • Exclusive ownership rights over your brand name/logo.

  • Legal protection against misuse and counterfeiting.

  • Ability to license or assign rights.

  • Enhanced brand credibility and goodwill in Nepal and abroad.

 

20. How does Nepal’s Trademark Act align with international treaties?

Nepal is a member of the World Intellectual Property Organization (WIPO) and a signatory to the Paris Convention for the Protection of Industrial Property. This aligns Nepal’s trademark protection framework with international standards, ensuring reciprocity and broader rights recognition.



 

Date of Publication: October 29 , 2025 

 

Disclaimer: . This article published on website of the law firm is just for information purpose only. It shall not be taken as the legal advice, advertisement, personal communication, solicitation or inducement. Bhandari Law and Partners or any of the team members of the firm shall not be liable for the consequence arising of the information provided. As the factual situation may be different on your case, thereof if you need further legal advice on the subject matter, please  Contact Us. 

 

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