Protecting your brand identity is crucial when expanding or operating a business in Nepal. Securing a trademark gives your business exclusive legal rights to your brand name, logo, and slogan.
This comprehensive guide outlines the step-by-step registration process, document requirements, renewal terms, and government fees for local and foreign trademark registration in Nepal.
1. Regulatory Authority for Trademarks in Nepal
The Department of Industry (DOI) is the primary governing authority for trademark registration in Nepal. Beyond registration, the DOI acts as a quasi-judicial body responsible for enforcing trademark rights and resolving protection claims.
2. Step-by-Step Process for Foreign Trademark Registration
Registering a trademark through the DOI involves five main phases:
- Filing the Application: The applicant submits a formal trademark application to the DOI.
- DOI Examination: The DOI conducts a preliminary examination to check whether the proposed mark conflicts with existing registered trademarks.
- Publication in the Industrial Property Bulletin: If the trademark meets all preliminary criteria, it is published in the official Industrial Property Bulletin.
- Opposition Period (90 Days): Any third party objecting to the proposed mark can file a complaint with the DOI within 90 days of publication. The DOI conducts inquiries and takes necessary action if an objection arises.
- Issuance of Certificate: If no opposition is filed during the 90-day window, the applicant pays the final registration fee and receives the official trademark certificate.
3. Required Documents for Registration
a. Documents Required for Local (Nepali) Trademarks
- Completed application form
- Notarized Power of Attorney (signed by the applicant, sealed, and attested by two witnesses)
- Corporate board resolution approving the registration
- Clear label/specimen of the trademark
- Notarized or certified copy of the filing receipt (in English) if claiming priority rights
- Industry registration certificate
- Latest Tax Clearance Certificate
b. Documents Required for Foreign Trademarks
- Completed application form
- Notarized Power of Attorney (signed by the applicant, sealed, and attested by two witnesses)
- Corporate board resolution approving the registration
- Clear label/specimen of the trademark
- Notarized or certified copy of the filing receipt (in English) if claiming priority rights
- Notarized or certified copy of the Home Country Trademark Registration Certificate (in English)
4. Timeline for Trademark Registration
The trademark registration process in Nepal typically takes between 3 to 12 months from the initial application date to the issuance of the registration certificate.
5. Term Validity and Renewal Guidelines
- Initial Validity: A registered trademark remains valid for 7 years from the registration date.
- Indefinite Renewal: Trademarks can be renewed repeatedly for additional 7-year terms.
- Standard Renewal: Trademark holders must apply for renewal within 35 days following the expiration date.
- Grace Period & Late Fee: A 6-month grace period is allowed post-expiry, subject to a late fee fine of NPR 1,000 (~USD 8).
- Cancellation Risk: Failure to renew within the extended grace period results in automatic cancellation of the trademark registration.
6. Official Government Fee Structure
Below is the schedule of official government fees for trademark services per single mark:
S.N. | Description | Government fee (per TM) |
1. | Search of Trademark | 500 |
2. | Registration Fee a. Application fee
b. Registration fee |
1000
5000 |
3. | Renewal Fee a. Renewal Fee
b. Renewal with late fee |
500
1000 |
4. | Assignment of Ownership | 2000 |
5. | Amendment of Application | 500 |
6. | Record amendment and endorsement in registration certificate excluding transfer of ownership | 1000 |
7. | Duplication of the registration certificate | 2000 |
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Frequently Asked Questions
The Department of Industry (DOI) is the primary regulatory body. It also acts in a quasi-judicial capacity, enforcing trademark rights and resolving disputes.
There are five phases: filing the application, DOI’s preliminary examination, publication in the Industrial Property Bulletin, a 90-day opposition period, and finally issuance of the certificate once the final fee is paid.
Yes. Once published in the Industrial Property Bulletin, anyone can file an opposition with the DOI within 90 days. The DOI investigates and acts on legitimate objections.
Typically 3 to 12 months from filing to receiving the certificate.
A trademark is valid for 7 years and can be renewed indefinitely for additional 7-year terms.
Applications must be filed within 35 days after expiration. A 6-month grace period follows, but a late fee of NPR 1,000 (~USD 8) applies.
If renewal isn’t completed within the grace period, the trademark registration is automatically cancelled.
Key fees include: trademark search (NPR 500), application fee (NPR 1,000), registration fee (NPR 5,000), standard renewal (NPR 500) or renewal with late fee (NPR 1,000), assignment of ownership (NPR 2,000), amendment of application (NPR 500), record amendment/endorsement (NPR 1,000), and duplicate certificate (NPR 2,000).