Trademark Filing, Registration and Opposition in Nepal

Bhandari Law and Partners handles trademark registration in Nepal from the first filing through to renewal, years down the line. Our team advises on every stage a trademark goes through — registration, use, renewal, and ongoing maintenance — and helps clients think through the right strategy for protecting a brand before problems arise, not just after.

The Trademark Framework in Nepal

Trademarks in Nepal are governed by the Patent, Design and Trade Mark Act, 1965, and administered by the Department of Industry. Nepal follows the Nice Classification for goods and services, and while the country is a signatory to the Paris Convention, it hasn't adopted the Madrid Protocol, which means there's no route to filing an international application that automatically extends here — every mark, including well-known foreign brands, has to be registered locally to be enforceable.

The Filing and Registration Process

The process starts with a filing, followed by examination at the Department of Industry to check for distinctiveness and conflicts with existing marks. If the application clears examination, the mark is published in the Industrial Property Bulletin, opening a 90-day window during which anyone can file an opposition. If no opposition is filed — or if one is filed and resolved in the applicant's favor — the mark proceeds to registration, valid for seven years from the date of registration and renewable indefinitely in further seven-year terms. Depending on how the Department's workload looks and whether any objections or oppositions come up, the whole process can take anywhere from around a year to well over two.

Opposition Proceedings

Opposition is a real part of the Nepali trademark system, not just a formality. Once a notice of opposition is filed, the applicant has 21 days to respond with a counterstatement, or the application is treated as abandoned. From there, the Registrar calls for evidence from both sides, and if the matter isn't resolved between the parties, it goes to a hearing. Either side can appeal an adverse decision to the Appellate Court within 35 days. We represent clients on both sides of this process — defending an application against opposition, and filing opposition against marks that threaten a client's existing brand.

What We Do

Trademark Registration, Renewal, and Maintenance

We manage the filing and prosecution of trademark applications from start to finish, and keep client portfolios current through timely renewal so a mark's protection never lapses.

Litigation and Mediation

We routinely litigate and mediate trademark infringement and breach of contract disputes involving trademarks, appearing before the Department of Industry, the High Court, and the Supreme Court of Nepal. Our trademark attorneys also bring significant commercial litigation experience to these matters, which matters because trademark disputes frequently come bundled with broader commercial claims rather than standing alone.

Trademark Due Diligence

We conduct due diligence on trademark portfolios ahead of transactions, licensing deals, or market entry, so clients know exactly what's protected and where the exposure sits.

Trademark Contracts

We regularly prepare trademark licensing agreements, franchise agreements, and trademark assignment agreements, and review these documents on behalf of clients on either side of the deal.

Trademark Investigation

We assist clients in investigating counterfeit products in the Nepali market that infringe on their registered marks, building the evidence needed to act against them.

Who We Work With

We handle trademark matters for a large number of national and international clients across retail, manufacturing, financial services, entertainment, and technology. That range of sectors means our team has generally seen the particular brand-protection challenges a given industry faces before a new client walks through the door.

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