Foreign Trademark Registration in Nepal

Foreign Trademark registration in Nepal is governed by Patent, Design and Trademark Act, 1965 (2022) (“PDTA”). This articles covers the process of foreign trademark registration in Nepal.

1. What is the legal ground for the foreign trademark in Nepal?

A foreign trademark to get protection must be compulsorily registered in Nepal. Section 21A of the PDTA provides that unless a foreign trademark is registered in Nepal, such trademark cannot receive protection in Nepal.

Despite Nepal being a member state of the Paris Convention for the Protection of Industrial Properties 1886 (the “Paris Convention”), the PDTA has not specifically provided for the protection of “well-known trademarks”. In view of this, registration with the DOI is necessary for the protection of foreign trademarks, including foreign well-known trademarks.

2. What is the competent authority to register the foreign trademark?

Department of Industry (“DOI”) under the Ministry of Industry, Commerce and Supplies of the Government of Nepal (web-link: http://www.doind.gov.np/) registers and administers trademarks in Nepal.

3. What is the procedure of foreign trademark registration in Nepal?

The below mentioned table explain the procedure of foreign trademark registration in Nepal:

Steps	Process	Remarks
Step 1	Submission of Application for Registration before DOI
Step 2	Preliminary Examination by DOI	DOI will check whether the proposed trademark is (a) similar to an already registered trademark or (b) contradicts the prevailing law.
Step 3	Publication of Trademark in Industrial Property Bulletin (“IP Bulletin”).	Generally, the IP Bulletin is published by the DOI every 1.5 months.
Step 4	Registration of a trademark if opposition is not received from any third party.	A petition for opposition against an applied trademark can be filed within 90 days of publication in the IP Bulletin.

4. What is the main document required for foreign trademark registration?

Foreign trademarks cannot be independently registered. Home/Foreign trademark registration certificate must be submitted to DOI for registration.

If a trademark has been applied for registration in any foreign country, then based on such application, trademark registration application can be submitted to DOI. Such application can make priority claim up to 6 months as facility assured by the Paris Convention.

5. What are the documents that need to be submitted for registration?

The following documents need to be submitted before the DOI for registration:

S.N.	Documents	No. of Copies	Notary Requirement
1	Application for Registration of Foreign Trademark	1 set original	No
2	Home/ Foreign Registration Certificate (HRC)	1 copy	Yes
3	Label of Trademark	4 copies (With color prints)	No
4	Power of Attorney	1 original	No

6. Is there any ground for refusal of trademark registration?

Under section 18(1) of PDTA, DOI can reject the trademark registration application on the following grounds:

In case such a trademark is found to have already been registered in the name of another person;
In case such trademark damages the goodwill of the trademark of any person;
If such trademark damages the reputation of any person or institution, or
If such a trademark adversely affects public conduct or morality, or undermines national interest.

7. What is the time required for trademark registration?

Generally, it takes about 6 to 9 months to complete the process of trademark registration, where no petition for opposition is filed.

8. Validity of registered trademark?

A registered trademark remains valid for 7 years from the date of registration. However, a trademark can be renewed for any number of times for a period of 7 years at a time.

9. On which basis are trademarks classified in Nepal?

Registration of Trademark is submitted on the basis of classification made by the NICE Agreement 1957, which has categorized 35 classes of goods and 11 classes of services.

As a matter of practice, the applicant has to prepare a separate application and pay separate government fees for registration of trademark in different class.

10. How much government Fee is required for trademark registration?

S.N.	Particulars	Fees (in Nepalese Rupees)
1	Application Fee	NPR 1,000 (Approx. USD 10)
2	Registration Fee	NPR 5,000 (Approx. USD 50)

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