Foreign Trademark Registration in Nepal: A Simplified Guide

Trademark registration in Nepal is governed by the Patent, Design and Trademark Act, 1965 (2022). This article outlines the process for registering a foreign trademark in Nepal.

1. Is it mandatory to register a foreign trademark in Nepal?

Yes. Under Section 21A of the PDTA, foreign trademarks must be registered in Nepal to be legally protected. Even though Nepal is a member of the Paris Convention (1886), the PDTA does not provide specific protection for well-known trademarks. Therefore, even well-known foreign trademarks need to be registered with the Department of Industry (DOI) to gain protection.

2. Which authority handles trademark registration?

The Department of Industry (DOI) under the Ministry of Industry, Commerce, and Supplies is responsible for trademark registration and administration in Nepal.
Website: www.doind.gov.np

3. What is the registration process?

The trademark registration process involves the following steps:

4. What documents are needed?

You must provide the following documents to register a foreign trademark:

Note: If the trademark is only applied for (but not yet registered) in a foreign country, you can still apply in Nepal and claim priority within 6 months under the Paris Convention.

5. What are the grounds for refusal?

Under Section 18(1) of the PDTA, the DOI may reject a trademark if:

• It’s already registered under another name
• It harms the goodwill of another brand
• It damages the reputation of a person or institution
• It negatively affects public morality or national interest

6. How long does registration take?

It typically takes 6 to 9 months, provided no one files an opposition.

7. How long is the trademark valid?

A registered trademark is valid for 7 years from the date of registration. It can be renewed indefinitely, for 7 years at a time.

8. How are trademarks classified?

Nepal follows the Nice Classification System (1957):

• 35 classes of goods
• 11 classes of services

Separate applications and government fees are required for each class.

9. What are the government fees?

Disclaimer

This article is intended for general information only. It does not constitute legal advice or a legal opinion. Please consult a legal professional for specific advice related to your case. The firm is not responsible for any actions taken based on this content.