Trademark registration protects your brand identity and gives you exclusive legal rights over your mark in Nepal. This FAQ Guide 2026 answers the most commonly asked questions about trademark law, process, costs, timing, and legal rights in Nepal.
1. What is a trademark?
A trademark is a distinctive sign, such as a word, logo, slogan, or symbol, that identifies the goods or services of one business from those of others and signals brand origin and quality.
2. Which law governs trademark registration in Nepal?
Trademark law in Nepal is governed by the Patent, Design and Trademark Act, 2022 (PDTA). The Department of Industry (DoI) administers registration, renewal, and enforcement.
3. 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 trademark registration, publication, opposition, and renewal.
4. Who can apply for a trademark in Nepal?
Both Nepali nationals and foreign companies can apply for trademarks. Foreign applicants must typically file through a local representative or legal agent with a notarized Power of Attorney.
5. What types of trademarks can be registered in Nepal?
Nepal allows registration of:
- Word Marks (brand names or phrases)
- Logo Marks (graphic designs)
- Combination Marks (text + logo)
- Collective Marks (used by associations)
6. How do I check if a trademark is already registered?
Nepal does not have a publicly accessible online trademark database. To check availability, a formal trademark search request must be submitted to the DoI along with the applicable search fee.
7. What documents are required for trademark registration?
For Nepali applicants:
- Trademark application form
- Company registration certificate / citizenship
- Share Lagat and Company Update Letter
- PAN/VAT and tax clearance (if applicable)
- Board Resolutions and Power of Attorney
- Power of Attorney
- Approval and Recommendation from Regulatory Body (if appilacable)
- Description of goods/services under Nice Classification
For foreign applicants (notarized where required):
- Home country trademark registration/pending application
- Company registration documents
- Board resolution and Power of Attorney
8. What is the trademark registration process?
The basic steps are:
- File application with the DoI
- Preliminary examination for conflicts and formalities
- Publication in the Industrial Property Bulletin for a 90-day opposition period
- Registration if no opposition or successful resolution of opposition
9. How long does trademark registration take in Nepal?
On average, it takes 4–6 months if there is no objection or opposition. Timelines can extend if issues arise during examination or opposition phases.
10. Can I register the same trademark in multiple classes?
Yes. Under the Nice Classification, a trademark can be filed in multiple classes. Each class requires a separate application and fee.
11. What are the grounds for refusal?
A trademark application may be refused if:
- An identical mark is already registered
- The mark damages another’s goodwill
- The mark is deceptive, immoral, or contrary to public order
- The mark is descriptive or lacks distinctiveness
12. How long is trademark protection valid?
A registered trademark in Nepal is valid for 7 years from the registration date and can be renewed indefinitely in successive 7-year terms.
13. What government fees apply?
Typical government fees include:
- Trademark Search Fee: NPR 500 per class
- Application Fee: NPR 1,000 per class
- Registration Fee: NPR 5,000 per class
- Renewal Fee: NPR 500 (or more depending on rules)
14. Can a registered trademark be transferred or assigned?
Yes. A registered trademark can be transferred or assigned by submitting the assignment deed to the DOI for recording.
15. Are foreign well-known trademarks recognized in Nepal?
Nepal’s law offers limited recognition of well-known marks. However, protection generally requires local registration. Recognition under international treaties like the Paris Convention also plays a role, but enforcement is primarily on registration.
16. Can foreign companies register trademarks through agents?
Yes. Foreign companies must file through a local authorized agent or lawyer with proper documentation and Power of Attorney.
17. What if my trademark isn’t used after registration?
If a registered mark is not used for a significant period often defined legally as one year it may be subject to cancellation if challenged for non-use.
18. What remedies are available for trademark infringement?
Trademark owners can seek remedies including:
- Cancellation or oppositions before DOI
- Lawsuits for infringement in courts
- Injunctions, damages, and seizure of counterfeit goods
(Note: penalties and enforcement procedures are governed by separate provisions in the PDTA and related laws.)
19. What are the benefits of registering a trademark in Nepal?
Registered trademarks offer:
- Exclusive brand protection
- Legal basis for enforcement
- Asset value enhancement
- Licensing and commercial leverage
20. How does Nepal’s law align with international treaties?
Nepal is a member of WIPO and the Paris Convention, ensuring its trademark framework aligns with international best practices and provides rights reciprocity for foreign applicants.
