Trademark Registration in Nepal
Nepal, commonly referred to as the Federal Democratic Republic of Nepal, is a rapidly
industrializing and expanding nation in South Asia. Around 30 million multiethnic people
live as founding members of SAARC, which has positive and potential bilateral relations with
nations like the UK, India, China, other SAARC countries, and many others.
The key economic sectors of agriculture, services, and industries—specifically, agricultural
goods and products, tourism, textiles, and other services—are all exhibiting impressive
growth in Nepal.
Therefore, if you also intend to launch a business in Nepal and want to develop a distinctive
sign for your goods that distinguishes your brand from others, you must register a trademark
for your company. This may be done for a word, symbol, or image, as well as a logo.
Nepal Trademark Law
The Patents, Designs, and Trade Marks Act of 1965, administered by the Department of
Industries, is the relevant law for trademark registration in Nepal on a national basis. For
international trademark registrations, Nepali entities or foreign entities situated outside
of Nepal must adhere to one of the international trademark laws, such as the Paris
Convention or the TRIPS Agreement, and then submit an application at the domestic level in
the intended country.
As a result, you can register a trademark in Nepal with the assistance of a Trademarkcart
legal advisor, who can facilitate the registration process. Trademarkcart is a leading
consultancy for international trademark registration and offers both Madrid Protocol and
individual country registration for trademarks.
Supporting Documents for National Trademark Registration.
Business operations permit or registration certificate.
Tax registration certificate for trademark registration in Nepal.
Identification for nominated representative.
Process for Trademark Registration in Nepal
Filling out a Trademark Application
The first step is to complete a trademark application, which can only be submitted
for a single class—not for several classes. Within six months of the priority date,
the Priority Trademark Application claiming priority from a convention country may
also be submitted in Nepal.
Checking Trademark Name
After a trademark application is submitted, the Registrar reviews it to determine
whether it is distinctive, misleading, or otherwise in conflict with other
trademarks. Based on this examination, the Registrar may approve or reject the form
in accordance with the act's rules.
Publication or Advertising of a Trademark in Nepal
If the registrar approves the trademark registration form, it will be published in
the trademark journal to invite the public to file an opposition to the trademark
registration in Nepal.
The opposition of Published Trademarks in Nepal
Within the allotted time frame of three months following the date the Trademarks
Journal publishes for trademark registration in Nepal, any person wishing to oppose
the trademark registration form may send notice of opposition.
Certificate of Trademark Registration Issuance
If the registrar is pleased with the trademark registration application, it will
issue a trademark certificate. This certificate is valid for 7 years after the date
of issue. Therefore, with our assistance, you can apply for the Madrid Protocol as
well as a specific nation like Nepal.
The trademark certificate may be renewed an unlimited number of times, with each
renewal term lasting seven days. If it is not renewed, it may be withdrawn from the
registry due to non-renewal.
Benefits of Nepali Trademark Registration
It is useful to distinguish between the products or services provided by different
businesses from those created by a particular company, corporation, or person.
Under the law governing trademark registration in Nepal, any person may have a right
to any trademark of his trade or business.
Without the express written authorization of the party in whose name the trademark is
registered, no brand may be used or copied in a fashion that attempts to influence
the public in general.
If you possessed a trademark registration in Nepal, you could transfer ownership to
someone else with the department's approval.
You should consider registering your trademark in Nepal to take advantage of these
advantages because if anyone violates the rights of a registered trademark owner and
uses a trademark that has been canceled by the department, they could be punished
with a fine and have all goods associated with the offense seized.
If you had trademark registration in Nepal, the Department could force the person
whose name the patent, design, or trademark was registered to pay a reasonable
amount of the loss incurred due to the violation of the act by anybody to the person
who had actually suffered from such loss and whose name the patent, design, or
trademark was registered.