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Trademark Registration in Nepal

Registration of local trademark is governed by Patent, Design and Trademark Act, 1965 (2022) (“PDTA”). This articles covers the process of registration of local trademark in Nepal.

1. What is the legal ground for the registration of a local trademark in Nepal?

A trademark does not get legal protection until the trademark is registered in the competent authority of Nepal. Person desiring to register the trademark should submit the registration application pursuant to Section 17 of PDTA.

2. What is the competent authority to register the local trademark?

Department of Industry (“DOI”) under the Ministry of Industry, Commerce and Supplies of Government of Nepal (web-link: http://www.doind.gov.np/) registers and administers trademarks in Nepal.

3. What is the procedure of local trademark registration in Nepal?

The below mentioned table explain the procedure of local trademark registration in Nepal:

4. What are the documents that need to be submitted for registration?

Following documents need to be submitted before DOI for registration:

5. Is there any ground of refusal of trademark registration?

Under section 18(1) of PDTA, the DOI has power to reject the application of trademark registration on the following grounds:

If such trademark damages the reputation of any person or institution, or
If such trademark contradicts with public conduct/morale or national interest, or
In case such trademark damages goodwill of trademark of any person, or
In case such trade-mark is found to have already been registered in the name of another person.

6. What is the time required for trademark registration?

Generally, it takes about 12 to 14 months to complete the process of trademark registration where no petition for opposition is filed.

7. Validity of registered trademark?

A registered trademark remains valid for 7 years from the date of registration. However, trademark can be renewed for any number of times for a period of 7 years at a time.

8. How much government Fee is required for trademark registration?