Trademark registration in Nepal is essential for securing legal protection for your brand. This article explains the steps and requirements for registering a local trademark in Nepal. It is governed by the Patent, Design, and Trademark Act, 1965 (2022) (“PDTA”). Here, we will discuss the process, necessary documents, possible grounds for refusal, and other essential details about trademark registration.
Legal Grounds for Trademark Registration in Nepal
To get legal protection for a trademark in Nepal, it must be registered with the competent authority. According to Section 17 of the PDTA, a person desiring to register a trademark must submit a registration application to the Department of Industry (DOI). Without registration, the trademark does not receive legal protection.
For example, if you have a unique logo for your bakery business in Kathmandu, registering it as a trademark ensures that no other bakery can legally use a similar logo, protecting your brand identity.
Competent Authority for Trademark Registration
The Department of Industry (DOI) under the Ministry of Industry, Commerce, and Supplies is the competent authority for registering and administering trademarks in Nepal. More information about the DOI can be found on their [official website](http://www.doind.gov.np/).
Trademark Registration Process in Nepal
The process of trademark registration in Nepal involves several steps:
Step 1: Submission of Application
The first step is to submit an application for registration to the Department of Industry. The application should include all the necessary documents and fees. For instance, if you are registering a trademark for a clothing brand, you need to provide the brand logo, business registration certificate, and other required documents.
Step 2: Preliminary Examination
The DOI conducts a preliminary examination to check if the proposed trademark is similar to an already registered trademark or contradicts prevailing laws. This step ensures that the new trademark is unique and compliant with legal standards.
Step 3: Publication in Industrial Property Bulletin
If the trademark passes the preliminary examination, it is published in the Industrial Property Bulletin. The DOI publishes this bulletin every three months. This step allows for public scrutiny and objections.
Step 4: Opposition Period
After publication, there is a 90-day period during which third parties can file a petition for opposition if they believe the trademark should not be registered. If no opposition is received within this period, the trademark registration proceeds.
Step 5: Successful Registration
If no opposition is filed, the DOI completes the registration, and the trademark is officially registered. Your brand now enjoys legal protection.
Required Documents for Trademark Registration
The following documents are required for trademark registration in Nepal:
| S.N. | Documents | No. of Copies | Format Prescribed |
| 1 | Application for Trademark Registration | 1 Set Original | Yes |
| 2 | Certificate of Registration of Proprietor | 1 Copy | N/A |
| 3 | Tax Registration Certificate of Proprietor | 1 Copy | N/A |
| 4 | Label of Trademark | 4 Copies | Yes (8*8 cm) |
| 5 | Power of Attorney | 1 Original | N/A |
| 6 | Industrial Registration Certificates or License from Concerned Authority | 1 Copy | N/A |
Grounds for Refusal of Trademark Registration
Under Section 18(1) of the PDTA, the DOI can reject a trademark registration application on the following grounds:
- The trademark damages the reputation of any person or institution.
- The trademark contradicts public conduct, morale, or national interest.
- The trademark damages the goodwill of an existing trademark.
- The trademark is identical or confusingly similar to an already registered trademark.
For example, if a new company tries to register a logo similar to the popular “Himalayan Coffee” brand, their application will likely be refused to protect the established brand’s goodwill.
Time Required for Trademark Registration
The process of trademark registration in Nepal typically takes about 12 to 14 months, provided there are no oppositions filed.
Validity and Renewal of Registered Trademark
A registered trademark in Nepal is valid for seven years from the date of registration. It can be renewed for additional seven-year periods indefinitely. This means that as long as you continue to renew it, your trademark can be protected perpetually.
Government Fees for Trademark Registration
The following fees are required for trademark registration:
| S.N. | Particulars | Fees (in Nepalese Rupees) |
| 1 | Application Fee | NPR 1,000 |
| 2 | Registration Fee | NPR 5,000 |
Importance of Trademark Registration
Registering a trademark is crucial for protecting your brand’s identity and ensuring exclusive rights to use the mark in commerce. It helps prevent unauthorized use and allows legal action against infringement. Moreover, a registered trademark adds value to your business, enhancing its reputation and credibility.
For example, the “Everest Mineral Water” brand’s trademark registration ensures that no other company can legally sell mineral water under the same or a confusingly similar name, safeguarding the brand’s market share.
Expert Assistance
TrademarkSewa can help you with trademark registration and ensure your brand is legally protected. With expert assistance, the process becomes smoother, and you can secure your trademark efficiently.
By understanding and following these steps, you can effectively protect your brand in Nepal and gain the numerous benefits that come with trademark registration.