Trademark Registration in Nepal typically takes around 12-15 months. Once registered, the trademark remains valid for 7 years from the registration date. The Department of Industry (DOI), under the Ministry of Industry, is responsible for the registration and management of trademarks in the country.

For foreign trademarks, an additional registration process is required, either in the home country or abroad. Both local and foreign trademark registrations involve filling out and submitting the required forms to the Ministry of Industries for processing.

The law relating to the Intellectual Property Rights in Nepal is embodied in The Patent, Design and Trade Mark Act, 2022 (1965).

Acquisition of Title to Trademarks

A person can obtain ownership of the trademark for their business by registering it with the department under Section 18 of Patent, Design and Trademark Act, 2022 (1965). It is prohibited for anyone to copy, use, or allow the use of a trademark registered in the name of another person without transferring ownership or obtaining written permission in accordance with Section 21(d) of Patent, Design and Trademark Act, 2022 (1965).

Application for Registration of Trademark

A person desirous to register the trademark of their business shall submit to the Department an application in a format as specified in Schedule 1(c), along with four specimens of such trademarks. The Department shall conduct necessary investigation and provide sufficient opportunity to defend themselves and also conduct further inquiry based on the defense made. The person submitting application shall pay an application fee to the department as specified in Schedule 3(3) (a).

Process of Trademark Registration

Submit application for trademark registration
Initial test undertaken
Substantive test undertaken
Once investigation is complete, the trademark will be published in the Department’s Intellectual Property Bulletin allowing for third-party objections
An objection must be lodged within 90 days of issuance of the public notice
If no objections are lodged, a decision to issue a certificate of registration will be made
Investigations will follow in cases where an objection to the trademark registration is lodged
If the investigation supports issuance of the trademark, it will be registered
If the investigation does not support issuance, the decision can be appealed through the appellate court
A six-month trial period will follow registration prior to final issuance

Documents Required for National Trademark Registration

A completed application
A copy of related industry or business operations permit or registration certificate and a copy of tax registration certificate
Four samples of the trademark (up to 888 cm)
Authorization and identification in case a representative is nominated
Receipt of submitted application fee

Documents Required for Foreign Trademark Registration in Nepal

A completed application
Additional documents except those mentioned in respect of national trademarks registration
If application has been submitted in other countries, evidence of application with date must be presented
If the trademark has been registered in foreign countries, a certified copy of registration
Authorization, identification, and mailing address in Nepal, in case a representative is nominated

Term of Trademarks

The title of the person in whose name a trademark has been registered under Section 18 shall remain valid for a period of seven years from the date of registration thereof, except when it is renewed under Section 18 Patent, Design and Trade Mark Act, 2022 (1965).

Punishment for Illegal Use of Trademarks

In case anyone violates Sub-Section (2) of Section 16 of The Patent, Design and Trade Mark Act, 2022 (1965), or brings into use a trademark which has been cancelled under Sub-section (3) of Section 18, or violates Section 18(B), they may be punished with a fine not exceeding One Hundred Thousand Rupees and articles and goods connected with such offense confiscated on the orders of the Department as per the gravity of offense.

To consult or get legal advice from our Expert for Trademark Registeration in Nepal/ Trademark Lawyer in Nepal/ Provision related to Trademark Laws in Nepal/Intellectual Property Lawyer in Nepal

Contact us at: 977-01-4102849/977-9851059026, Prime Law Associates, Anamnagar, Kathamndu, info@primelawnepal.com, www. primelawnepal.com

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Disclaimer: This material is presented solely for informational purposes, without constituting legal advice, counsel, or solicitation, and no liability shall arise from any actions, omissions, or reliance on its contents, directly or indirectly, in any manner whatsoever, irrespective of the jurisdiction or specific circumstances.

Trademark Registration in Nepal | Trademark Lawyer in Nepal