Registration of Trademark in Nepal

In Nepal, the law that governs the trademark is Patent, Design and Trademark Act, 1965 (2022). The article will help the readers understand the process for registering Trademark in Nepal.

What is Trademark?

It is a mark that efficiently helps us to identify a product by distinguishing it from other goods and services belonging to the same class. It helps to identify the product when there is competition in the market. A trademark gives protection for a symbol, word or pictures or a combination of all of them. 

Who is the Competent Authority to register Trademark?

Competent authority to register and administer Trademark is Department of Industries (DOI) within Ministry of Industries, Commerce and Supplies of Government of Nepal. 

What are the documents required for registering trademark?

1. Application in prescribed format
2. Power of Attorney
3. Certificate of registration of proprietor of the trademark
4. Tax registration certificate
5. Label of Trademark
6. Industrial registration certificate or license from concerned authority

What is the procedure for registering trademark?

Step-1: Submission of an application for registration of a trademark to DOI

Step-2: Preliminary examination of the application of the DOI

Step-3: Publication of trademark in the Industrial Property Bulletin

Step-4: Registration of the Trademark

What are the grounds of refusal of trademark registration?

1. If the trademark damages the reputation of the person or institution or
2. If the trademark contradicts with public conduct/ morale or national interest or
3. If the trademark damages the goodwill of trademark of any person or
4. If trademark has been found to have already been registered in the name of another person. 

What is the validity of registered trademark?

The registered trademark shall be valid for the period of seven years from the date of registration. However, the trademark can be renewed for within 35 days from the date of expiry for any number of times for period of seven years at a time.