Trademark Registration Process in Nepal

Introduction

Trademarks play a vital role in protecting brand identity in today’s competitive business environment. In Nepal, the legal framework for trademark protection is governed by the Patent, Design and Trademark Act, 2022 (1965). This Act provides detailed procedures for trademark registration, cancellation, renewal, and penalties for unlawful use. The Department of Industry is the authority responsible for administering trademark registration and related processes.

What is a Trademark?

According to Section 2(c) of the Act, a trademark means:

“Any word, symbol, picture, or a combination thereof used by any firm, company, or individual in its products or services to distinguish them from the products or services of others.”

Trademarks act as a business identifier and are essential for distinguishing your goods or services in the market.

Why is Trademark Registration Important?

Registering a trademark provides the following advantages:

1. Exclusive Rights

You gain legal ownership and the exclusive right to use the trademark for your goods or services.

2. Brand Protection

Registration prevents others from copying, imitating, or misusing your brand name, logo, or symbol.

3. Legal Remedy

In case of infringement, the Act empowers you to take legal action and seek compensation. (Ref: Compensation provision, Section 25)

4. Business Reputation

A registered trademark enhances brand credibility, trust, and goodwill in the market.

Example of a Trademark

Examples of trademarks include

• Brand names (e.g., “NepalTea”, “Himal Soap”)
• Logos
• Taglines
• Symbols or shapes used to identify products
• Service marks for service-based businesses

For instance, a unique logo used by a clothing brand in Nepal can be registered as a trademark to protect it from imitation.

Who Can Register a Trademark in Nepal?

Any individual, company, partnership firm, or organization engaged in trade, commerce, or service activities may apply for trademark registration. (Ref: Section 16(1): Any person may acquire title to the trademark by registration.)

Foreign companies may also register trademarks in Nepal by providing evidence of registration in their home country, as per Section 21C.

What Types of Trademarks Cannot Be Registered in Nepal?

The Department will refuse to register a trademark in the following situations:

• If the trademark hurts the prestige of any individual or institution
• If it adversely affects public conduct or morality
• If it undermines national interest
• If the same or similar trademark has already been registered

(Ref: Section 18(1) Provision)

Additionally, trademarks that mislead consumers, resemble national symbols, or use prohibited words may also be denied.

Required Documents for Trademark Registration in Nepal

To register a trademark, applicants must submit the following:

• Application in the prescribed format (Schedule 1(C))
• Four specimens of the trademark (Ref: Section 17(1))
• Details of goods/services associated with the trademark
• Applicant’s identification documents (citizenship/registration certificate)
• Power of attorney (if submitted through an agent)
• Application fee: Rs. 2000 (Schedule 3)

Government Fee for Trademark Registration in Nepal

According to Schedule 3 of the Act, the fees are

(Ref: Schedule 3)

Time Duration for Trademark Registration in Nepal

The trademark registration process generally takes 6 to 12 months, depending on:

• Examination by the Department
• Publication in the Nepal Gazette
• Objection period (35 days as per Section 21A(2))
• Final approval

Validity and Renewal of Trademark in Nepal

• A registered trademark is valid for 7 years from the registration date. (Ref: Section 18D)
• A registered trademark can be renewed indefinitely at 7-year intervals.
• Renewal must be done within 35 days after expiry. (Section 23B(1))
• Late renewal is possible within 6 months by paying a fine of Rs. 1,000. (Section 23B(2))

Failure to renew results in automatic cancellation.

Process of Trademark Registration in Nepal

The trademark registration process includes:

1. Application Submission

Submit the trademark application with required documents and four specimens. (Section 17)

2. Examination

The department investigates whether the trademark meets the legal requirements. (Section 18)

3. Publication

Approved trademarks are published in the Nepal Gazette. (Section 21A)

4. Opposition Period

A 35-day period is provided for the public to file objections. (Section 21A(2))

5. Certificate Issuance

If no objections are filed, or they are resolved, the Department issues the registration certificate (Schedule 2(C)).

Trademark Violation, Punishment, and Legal Remedies

1. Violation Offenses

• Copying, using, or causing others to use a registered trademark without approval. (Section 16(2))
• Using a trademark that has been cancelled.
• Using an unregistered trademark as if it were registered. (Section 18B)

2. Punishment

As per Section 19:

• A fine up to Rs. 100,000
• Confiscation of related goods

3. Legal Remedy

The affected trademark owner can claim compensation for economic loss. (Section 25)

How Can We Help You?

Our services include:

• Trademark search and consultation
• Preparation and filing of trademark applications
• Assistance with objections and oppositions
• Renewal and maintenance of trademark rights
• Support in infringement cases and legal proceedings

We ensure smooth and hassle-free trademark registration in Nepal.

Conclusion

Trademark registration is essential for safeguarding your brand identity and expanding your business in Nepal. The Patent, Design and Trademark Act, 2022 provides a clear legal pathway for registering, renewing, and enforcing trademark rights. By understanding the legal provisions and following the correct process, individuals and businesses can effectively protect their intellectual property and maintain a competitive advantage.

If you need assistance with trademark registration or legal compliance, we are here to help you at every step.