Trademarks in Nepal

Competent Authority

Trademark registration in Nepal is administered by the Department of Industry (DOI), operating under the Ministry of Industry, Commerce and Supplies, located in Kathmandu. The official working language is Nepali, and the system is national.

International Agreements

Nepal is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. However, Nepal is not a party to the Madrid Agreement or the Madrid Protocol; international registrations cannot be extended to Nepal via the Madrid System, requiring direct national filings.

Who May Apply

Natural persons, corporate entities, partnerships, and cooperative organizations engaging in commercial or industrial activities may apply. Foreign applicants without a permanent establishment or domicile in Nepal must act through a registered local trademark agent or representative. A signed Power of Attorney (POA) is required.

Online Filing and Search

Electronic filing infrastructure is limited, and physical document submission at the Department of Industry in Kathmandu is standard practice. Preliminary trademark availability searches can be conducted by reviewing physical or digital records maintained at the DOI.

Registrable Sign Types

Trademarks may comprise words, names, letters, numerals, devices, logos, symbols, or combinations thereof capable of distinguishing goods or services. Non-Nepali or non-English documents require certified translations and notarization.

Classification

Nepal follows the international Nice Classification system for goods and services. Multi-class applications are permitted, but separate official fees apply for each class.

Examination

The DOI conducts a formal administrative review followed by a substantive examination covering absolute grounds for refusal (such as distinctiveness or deceptiveness) and relative grounds (conflicts with prior registered or pending marks on the national register).

Publication and Opposition

Applications that pass examination are published in the official Intellectual Property Bulletin. Any interested third party may file a formal notice of opposition against the registration of the trademark within a statutory window of 90 days from the publication date.

Timelines

An unopposed standard trademark application typically takes an average of 12 to 36 months from initial filing to final registration certificate issuance, depending on examination backlogs and publication phases.

Official Fees

Official state fees are denominated in Nepalese Rupees (NPR / ₨):

• Standard application filing fee: NPR 1,000 per class
• Registration and certificate issuance fee: NPR 5,000 per class
• Trademark opposition filing fee: NPR 1,000
• Trademark renewal fee: NPR 5,000 per class

Protection Duration and Renewal

Unlike many jurisdictions adhering to a 10-year term, a trademark registration in Nepal is initially valid for 7 years starting from the official registration or filing date. Registrations can be renewed indefinitely for successive 7-year periods upon submitting a renewal request within 35 days before expiration, backed by a 6-month grace period subject to late surcharges.

Use Requirements

A registered trademark is vulnerable to cancellation actions if it is not put to genuine commercial use. Nepal operates primarily on a statutory registration framework where priority is established by filing date.

Post-Registration Procedures

Post-registration modifications—including assignments, licensing agreements, changes of registrant name, or changes of address—must be formally recorded with the Department of Industry to ensure legal validity and enforceability against third parties.

Legal Remedies

Legal remedies include administrative cancellation proceedings before the DOI, civil infringement litigation before competent courts, and statutory fines (up to NPR 100,000) alongside confiscation orders for infringing merchandise.

Country-Specific Risks and Practical Notes

Because Nepal operates outside the Madrid System, enforces a non-standard 7-year renewal cycle, and relies heavily on physical filing protocols through local representatives, brand owners must maintain rigorous docketing systems to track renewal deadlines and avoid automatic cancellation.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.