What Is a Trademark — and Why Register It in Nepal?
A trademark is any sign that distinguishes your goods or services from everyone else's — typically a brand name, logo, slogan, or symbol. Registering it gives you the exclusive legal right to use that mark for the goods or services you've claimed, and the power to stop competitors from copying it.
Here's the single most important thing to understand: Nepal is a strict "first-to-file" country. Under Section 16 of the Patent, Design and Trade Mark Act, 1965, legal ownership of a mark is created only by registration — not by how long you've used it. Whoever files first generally wins. That means even a well-known local brand can lose its name to someone else who registers it first. If you're building a brand, register it early.
Trademark vs. company name — they are not the same. Reserving a company name at the OCR (or registering a firm) does not protect your brand as a trademark. They are separate registers. Many Nepali businesses register the company but forget the trademark — and only discover the gap when a competitor copies their logo. If you haven't set up the business yet, start with our guide to company registration in Nepal, then trademark the brand.
The Law and the Authority
Trademark registration in Nepal is governed by the Patent, Design and Trade Mark Act, 1965 (2022 BS) — an old but still fully operative law as of 2026. It has been amended over the years (notably in 1987 and 2006), but no replacement act has yet come into force.
The registering authority is the Department of Industry (DOI), under the Ministry of Industry, Commerce and Supplies, based in Kathmandu. The DOI does it all: it examines applications, maintains the trademark register, publishes accepted marks, handles oppositions, issues registration certificates, and even acts as a quasi-judicial body for trademark disputes (its decisions can be appealed to the courts).
What You Can — and Can't — Register
You can register a word mark (a brand name written in plain text), a logo or device mark (a stylized design), or a combination of both. To be registrable, a mark generally must be distinctive and not conflict with marks already on the register. Common reasons the DOI refuses an application include:
- Identical or confusingly similar to a mark already registered (or already applied for) in the same class.
- Generic or purely descriptive terms — e.g. trying to trademark "Fresh Milk" for milk, or "Best Tea" for tea.
- Deceptive or misleading marks that misrepresent the nature, quality, or origin of the goods.
- National flags, emblems, or official symbols, and marks contrary to public order or morality.
This is why a trademark search before filing is so valuable — it tells you early whether your name is likely to clash with an existing mark, saving you the application fee and months of waiting.
How Much Does Trademark Registration Cost in Nepal?
The government charges fees in two stages, per class of goods or services. For Nepali (domestic) applicants:
| Stage | Domestic Applicant (NPR) | When It's Paid |
|---|---|---|
| Application filing fee | 1,000 per class | On filing |
| Registration fee | 5,000 per class | Within 35 days of the approval notice |
| Total government fee | ~6,000 per class | — |
Two things to remember about cost:
- Fees are per class. If your brand covers, say, both restaurant services (class 43) and packaged food (class 30), you file two applications and pay roughly twice. More on classes below.
- Foreign applicants pay roughly double — in the region of NPR 2,000 to file and NPR 10,000 to register per class.
Professional/agent fees are separate and on top of these government charges. For a single-class Nepali brand, the government cost is modest; the real value of using a professional is getting the search, classification, and drafting right the first time.
Understanding Classes: The Nice Classification
Nepal uses the international WIPO Nice Classification system, which sorts all goods and services into 45 classes:
- Classes 1–34 — goods (34 classes). For example, class 25 is clothing, class 30 is coffee/tea/bakery, class 3 is cosmetics.
- Classes 35–45 — services (11 classes). For example, class 35 is advertising/retail, class 43 is restaurant and hotel services, class 41 is education and entertainment.
Under Section 18A of the Act, you must file a separate application (and pay a separate fee) for each class your mark covers. Choosing the right class (or classes) is one of the trickiest parts of the process — register in too few and a competitor can use your name in an uncovered category; register in too many and you waste money. Pick the classes that match what you actually sell, plus where you realistically plan to expand.
Example: A café brand might register in class 43 (restaurant/café services). If it also sells packaged coffee beans on shelves, it would add class 30. Two classes → two applications → roughly double the government fee. Opening a food business? See our full guide to registering a café or restaurant in Nepal.
Step-by-Step: The Registration Process
Step 1: Trademark Search
Before anything else, check whether your proposed name or logo is already taken in your class. A clearance search at the DOI register flags conflicts early. Skipping this is the most common reason applications get refused months later.
Step 2: Identify Your Class(es)
Map your products and services to the correct Nice class(es). This decides how many applications you file and how much you pay.
Step 3: File the Application at the DOI
Submit the application form to the Department of Industry with your mark (the wordmark or logo artwork), applicant details, the class, and a list of the goods/services. The filing step itself is usually completed in 2–3 working days once your documents are ready. You pay the NPR 1,000 per-class application fee at this stage.
Step 4: Examination by the DOI
The DOI examines the mark for distinctiveness and conflicts with earlier marks. If they raise objections, you (or your agent) respond. If the examiner is satisfied, the mark moves to publication.
Step 5: Publication and Opposition
Accepted marks are published in the Industrial Property Bulletin so that third parties can object if the mark clashes with their rights.
Note on the opposition window: public sources report the opposition deadline inconsistently (35 days, 90 days, and 3 months all appear in different write-ups). Because the exact statutory period is reported unreliably, confirm the current opposition deadline directly with the DOI (or your agent) before relying on a specific number. If no valid opposition is filed and resolved in your favour, the mark proceeds to registration.
Step 6: Pay the Registration Fee and Get Your Certificate
Once approved, pay the NPR 5,000 per-class registration fee within 35 days of the approval notice. The DOI then enters the mark on the register and issues your Trademark Registration Certificate.
Documents You'll Need
- The mark itself — the exact wordmark, or a clear copy of the logo/device artwork.
- Applicant details — name and address of the individual or business that will own the mark.
- Business registration proof — firm/company registration certificate and PAN, where the applicant is a registered business.
- List of goods/services and the class(es) being claimed.
- Power of attorney / authorization — if you file through an agent (mandatory for foreign applicants, who must file through a local agent).
How Long Does It Take?
In a clean, unopposed case, expect roughly 12 to 15 months from filing to certificate. The breakdown looks like this:
| Stage | Typical Duration |
|---|---|
| Filing the application | 2–3 working days |
| Examination by the DOI | A few months |
| Publication & opposition window | Set by the DOI (confirm current period) |
| Registration & certificate | 1–2 months after approval |
| Total (unopposed) | ~12–15 months |
If someone files an opposition, the timeline can stretch to 1–2 years. The lesson: file early, because protection only becomes enforceable once the mark is registered.
Validity and Renewal
Unlike many countries that grant 10-year terms, Nepal's term is shorter — so renewal dates come around faster. Mark your calendar.
| Item | Rule |
|---|---|
| Validity term | 7 years from the date of registration |
| Renewable? | Yes — indefinitely, in successive 7-year terms |
| Renewal deadline | Within 35 days of expiry |
| Grace period | Up to 6 months after, with an NPR 1,000 penalty |
| If you miss the grace period | The mark is cancelled — you must re-register from scratch |
Letting a mark lapse is one of the most expensive mistakes in Nepali trademark practice — once it's cancelled, anyone can apply for it, and you'd be back to square one in a first-to-file system.
Trademarks for Foreign Applicants
Foreign individuals and companies can register trademarks in Nepal, but with two main differences: they must file through a local agent (with a power of attorney), and they pay roughly double the government fees of domestic applicants. The same first-to-file principle applies — foreign brands entering Nepal should register before launching, since global fame alone doesn't guarantee protection under the current Act.
Reform on the Horizon: The Industrial Property Bill
The 1965 Act is widely considered outdated, and Nepal has drafted a new Industrial Property (Rights) Bill to replace it. The bill was sent to Cabinet in early 2025 and registered in Parliament around mid-2025. If enacted, it would:
- Align Nepal's regime with the Paris Convention and TRIPS.
- Create a dedicated Office of Industrial Property Rights to handle trademark and patent matters.
- Broaden protection to areas like geographical indications and trade secrets.
- Impose tougher anti-piracy penalties — proposed fines of NPR 300,000 to NPR 1 million, confiscation and destruction of infringing goods, and personal liability for company chiefs.
Important: As of mid-2026, this is still a pending bill, not law — its progress stalled and it has not been enacted. The Patent, Design and Trade Mark Act, 1965 still governs all trademark registration today. Treat the new fines, the new Office, and TRIPS alignment as proposals to watch, not current rules.
Quick Checklist
Phase 1: Before You File
- Finalize your brand name and/or logo artwork
- Run a trademark search at the DOI register
- Map your goods/services to the right Nice class(es)
- Gather business registration proof and PAN
Phase 2: Filing & Examination
- File the application(s) at the DOI — one per class
- Pay the NPR 1,000 per-class application fee
- Respond to any examination objections
- Wait for publication in the Industrial Property Bulletin
Phase 3: Registration & Upkeep
- Clear the opposition window (confirm period with DOI)
- Pay the NPR 5,000 per-class registration fee within 35 days
- Collect your Trademark Registration Certificate
- Diarize the 7-year renewal date
Frequently Asked Questions
How much does it cost to register a trademark in Nepal?
For Nepali applicants, the government fee is NPR 1,000 to file plus NPR 5,000 to register once approved — about NPR 6,000 per class. Fees are charged per class, so a mark covering three classes costs roughly three times as much. Foreign applicants pay roughly double (around NPR 2,000 application and NPR 10,000 registration). Professional fees, if you use an agent, are separate.
Which law governs trademarks in Nepal and who registers them?
The Patent, Design and Trade Mark Act, 1965 (2022 BS) — still the operative law in 2026. The registering authority is the Department of Industry (DOI) under the Ministry of Industry, Commerce and Supplies in Kathmandu, which examines applications, maintains the register, handles oppositions, and resolves disputes as a quasi-judicial body.
How long is a trademark valid in Nepal?
7 years from the date of registration, renewable indefinitely in 7-year terms. Renew within 35 days of expiry; miss that and you still have a 6-month grace period by paying an NPR 1,000 penalty. After the grace period, the mark is cancelled and you must re-register.
How long does trademark registration take in Nepal?
Roughly 12 to 15 months end to end in an unopposed case. The filing step itself takes 2–3 working days. An opposition can push the timeline to 1–2 years.
Is Nepal a first-to-file country for trademarks?
Yes. Nepal is a strict first-to-file jurisdiction — rights arise only on registration with the DOI, not from use. Whoever files first generally secures the mark, so registering your brand early is critical even if you've been using it for years.
Is registering my company name enough to protect my brand?
No. A company name reserved at the OCR (or a registered firm name) is a separate register from trademarks. To stop others from using your brand on goods or services, you need a trademark registered at the DOI. If you haven't formed the business yet, start with sole proprietorship registration or a private limited company, then trademark the brand.
Want to Trademark Your Brand?
UdhamSathi handles the whole process — trademark search, class selection, filing at the Department of Industry, and follow-up to certificate. Message us for a tailored quote.
Call: 9765057249 WhatsApp: 9700533219