The short answer
To register a trademark in Nepal, apply to the Department of Industry under the Patent, Design and Trade Mark Act, 2022 (1965). Each class needs its own application. A registration is valid for 7 years counted from the registration date and can be renewed for further 7-year periods. A registered mark that is not used within 1 year can be cancelled, so plan for use from day one.
Trademark deadlines in Nepal at a glance
| Question | Answer for Nepal |
|---|---|
| How long does a registration last? | 7 years (Section 18D) |
| Which date does the term count from? | The registration date. Nothing in the Act counts the term from the application or publication date |
| When must I renew? | The Act says renewal and fee within 35 days from the date of expiry (Section 23B(1)). File before expiry to be safe |
| Is there a grace period? | Yes, a late renewal within 6 months after that time limit, with a fine of Rs 1,000 (Section 23B(2)) |
| What if I miss it? | The registration is cancelled automatically |
| How many times can I renew? | Any number of times, for 7 years each time (Section 23B(3)) |
| Objection period | 35 days from publication (Section 21A(2)). Some law firms report a longer 90-day window before registration, so check current practice |
| Non-use cancellation | If not used within 1 year from registration (Section 18C) |
| Appeal against a Department order | 35 days, to the Appellate Court (Section 27) |
| Assignment | Joint application by both parties, recorded by the Department (Section 21D) |
| Change of name or address | The Act has no section for it. The fee schedule lists an amendment application and an endorsement fee |
Sources differ on opposition. The Act text on WIPO Lex (amended to 2016) says the Department publishes registered marks and complaints go in within 35 days. Several law firms describe publication before registration with a 90-day opposition period. Confirm which applies to your filing before you rely on either date.
Who can apply for a trademark in Nepal?
Under Section 16 of the Act, title to a trademark in Nepal comes from registering it with the Department. A mark that is registered only in another country has no title in Nepal (Section 21B). Local and foreign owners can both apply.
Foreign owners
Act through an attorney
Section 20 lets an applicant appoint an attorney or legal practitioner, whose acts count as the owner's own acts.
Marks registered abroad
Paris Convention
Section 21C deals with marks already registered in another country. The Department may register them on the foreign certificate, and the Paris Convention facility applies to the holder.
Trademark registration in Nepal: the steps
Check the register first
- A mark identical to one already registered to someone else is refused (Section 18)
- A search before filing avoids losing the fee on a refusal
File the application
- Use the prescribed format with four specimens of the mark (Section 17)
- Goods or services in different categories need separate applications (Section 18A)
Department inquiry
- The Department investigates and gives the applicant a chance to defend the application
- It refuses marks that may harm a person's or institution's prestige, offend public morality, undermine the national interest or harm another mark's reputation
Registration
- After the inquiry the Department registers the mark and issues the certificate (Section 18)
- The registration fee is paid under Section 18(2)
Publication and objections
- The Department publishes registered marks (Section 21A)
- Anyone may file a complaint within 35 days of publication, and the Department then holds an inquiry
Timing. The Act sets no deadline for the Department to decide. Practitioner estimates range from under a year to about three years, so treat any quoted timeline as an estimate and not a guarantee.
| Official fee (Schedule 3) | Amount |
|---|---|
| Application | Rs 2,000 |
| Registration | Rs 5,000 |
| Renewal | Rs 500 |
| Transfer of ownership | Rs 2,000 |
| Amendment application | Rs 500 |
| Endorsement of an amendment on the record | Rs 1,000 |
| Registration details information | Rs 500 |
| Complaint or objection | Rs 1,000 |
| Certificate copy | Rs 1,000 |
Fees are taken from Schedule 3 of the Act as published on WIPO Lex (text amended to 2016). Some practitioners quote different current figures, so confirm the schedule before you budget.
How long does a registration last, and how does renewal work?
A registration is valid for 7 years from the date of registration (Section 18D) and can be renewed any number of times, for 7 years each time (Section 23B).
- Renewal needs the Schedule 2 form and the renewal fee (Rs 500), and the Act states a period of 35 days from expiry (Section 23B(1))
- A late renewal is allowed within 6 months after that time limit, with a fine of Rs 1,000
- If the mark is not renewed, the registration is cancelled automatically
Diarise early. Do not wait for the last day. File the renewal before the registration expires.
Assignment, licence, and change of name or address
Assignment or licence
Joint application
The owner may transfer ownership or give written approval for use. Both parties file a joint application with the fees, and the Department decides (Section 21D). The transfer fee is Rs 2,000.
Name or address
Ask the Department
The Act has no section on changing a name or address. Schedule 3 lists an amendment application (Rs 500) and an endorsement of the amendment on the record (Rs 1,000). A change of legal owner is a transfer.
Use it, or risk losing it
Non-use
Cancellation after 1 year
If a registered mark is not used within one year from registration, the Department inquires and cancels the registration (Section 18C).
Infringement
Fines up to Rs 100,000
Using or copying another person's registered mark without permission is an offence under Section 16(2). Section 19 sets fines of up to Rs 100,000, and related goods may be confiscated.
The Department can also cancel a registration if a refusal ground applies, but it must first give the holder a reasonable chance to show cause (Section 18(3)). An appeal against a Department order goes to the Appellate Court within 35 days (Section 27).
How to check the status of a trademark in Nepal
- The Department publishes registered marks, with details of renewals and cancellations (Section 21A)
- Schedule 3 lists a fee of Rs 500 for registration details information, which is the official way to confirm a mark's status
- Ask your agent to search before you file, because a registered identical mark is a ground for refusal
Sources used
Patent, Design and Trade Mark Act, 2022 (1965), English text on WIPO Lex, and the Nepal Department of Industry trademark page. The English text is an unofficial translation. Rules and practice change, so check them before filing.
Trademark registration in Nepal: common questions
How long is a trademark valid in Nepal, and from when is it counted?
Seven years from the date of registration (Section 18D). It can be renewed any number of times, for 7 years each time.
When should I renew a Nepal trademark?
File before the registration expires. The Act states 35 days from expiry, and a late renewal within 6 months after that with a fine of Rs 1,000. After that the registration is cancelled automatically.
How long is the opposition period in Nepal?
The Act text gives 35 days from publication of registered marks. Some law firms report 90 days before registration, so confirm the rule that applies to your filing.
How much does it cost to register a trademark in Nepal?
Schedule 3 of the Act lists Rs 2,000 for the application and Rs 5,000 for registration, per class. Confirm the current schedule before you budget. Lawyer fees are extra.
Can a foreign company register a trademark in Nepal?
Yes. The owner can appoint an attorney or legal practitioner to act under Section 20. A mark registered only abroad is not protected in Nepal.
How do I assign a Nepal trademark?
Both parties file a joint application with the Department and pay the fees. The transfer fee in Schedule 3 is Rs 2,000.
How do I change the name or address on a Nepal trademark?
The Act has no express section. Ask the Department to record an amendment (Schedule 3 lists Rs 500 for the application and Rs 1,000 for the endorsement).
Can a trademark be cancelled for non-use in Nepal?
Yes. If a registered mark is not used within one year from registration, the Department can inquire and cancel it.
How do I check the status of a trademark in Nepal?
Ask the Department for registration details (Rs 500 in Schedule 3) and check the published lists of registered marks, renewals and cancellations.
Does one application cover several classes?
No. Goods or services in different categories need separate applications.
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