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Trademark registration in Nepal is carried out by submitting an application to the Department of Industry (DOI) and typically takes 12–14 months to complete. The process is governed by the Patent, Design and Trademark Act, 1965 (2022 B.S.)—commonly referred to as the PDTA. This guide outlines the steps involved in registering a local trademark in Nepal.
Trademarks in Nepal do not receive legal protection unless they are registered with the competent authority. Anyone seeking to protect their trademark must file an application as per Section 17 of the PDTA.
The Department of Industry (DOI), under the Ministry of Industry, Commerce and Supplies, is the official body responsible for registering and regulating trademarks in Nepal.
Website: http://www.doind.gov.np/
Here’s a step-by-step overview of the local trademark registration process:
Step 1: Submission of the application to the Department of Industry (DOI).
Step 2: Preliminary examination of the application. The DOI checks whether the proposed trademark resembles existing trademarks or violates current laws.
Step 3: Publication of the proposed trademark in the Industrial Property Bulletin (published every three months).
Step 4: If no opposition is filed within 90 days of publication, the trademark is successfully registered.
Note: Any third party can file an opposition within 90 days of publication in the IP Bulletin.
The following documents must be submitted to the DOI:
Original application for trademark registration (1 set)
Trademark label/design (4 copies)
Power of Attorney (original)
Company or firm registration certificate
PAN or Tax Registration Certificate (1 copy)
Proof of annual compliance
Tax clearance certificate
Industry registration or license from the relevant authority (1 copy)
Under Section 18(1) of the PDTA, the DOI may reject a trademark application based on the following:
If the trademark harms the reputation of an individual or institution.
If it contradicts public morality, conduct, or national interest.
If it infringes on the goodwill of another registered trademark.
If the trademark is already registered by another party.
In a standard case with no opposition filed, the full trademark registration process typically takes 12 to 14 months to complete.
Once registered, a trademark is valid for 7 years from the date of registration. It can be renewed indefinitely in increments of 7 years.
S.N. | Particulars | Fees (NPR) |
---|---|---|
1 | Application Fee | NPR 1,000 |
2 | Registration Fee | NPR 5,000 |
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