Trademark Registration in Nepal - Law Kendra

Secure Your Brand with Trademark Registration in Nepal

Protecting your brand identity is crucial for business success. Trademark registration in Nepal grants exclusive rights over your brand name, logo, or symbol, ensuring legal protection against unauthorized use. This guide provides everything you need to know about trademark registration in Nepal, including requirements, the registration process, and the benefits of securing your brand legally.

Why Register a Trademark in Nepal?

Trademark registration safeguards your business identity, offering multiple benefits:

• Exclusive Rights: Prevents others from using your registered trademark.
• Legal Protection: Enables legal action against infringement.
• Brand Value: Enhances business credibility and customer trust.
• Market Advantage: Strengthens brand recognition in Nepalese and international markets.

Laws Governing Trademark Registration in Nepal

Trademark registration in Nepal is regulated under the Patent, Design, and Trademark Act, 2022 (1965). The Department of Industry (DOI) is responsible for processing trademark applications and maintaining the national trademark registry.

Trademark Registration Process in Nepal

Step 1: Conduct a Trademark Search

Before filing for registration, conduct a search to check trademark availability. This prevents conflicts with existing trademarks.

Step 2: Prepare and Submit Application

Submit a trademark registration application to the DOI with the required documents.

Step 3: Examination of Application

The DOI reviews the application to ensure compliance with trademark laws. If objections arise, applicants must respond with clarifications or modifications.

Step 4: Publication in the Nepal Gazette

Once approved, the trademark is published in the Nepal Gazette for public review. Any opposition must be filed within 90 days.

Step 5: Certificate Issuance

If no objections arise, the DOI grants the Trademark Registration Certificate, valid for 7 years and renewable thereafter.

Documents Required for Trademark Registration in Nepal

To facilitate a smooth trademark registration process, ensure you have the following documents ready:

Trademark Classification in Nepal

When registering a trademark, it is essential to determine the appropriate class for your goods or services. The classification system ensures proper categorization and minimizes potential disputes.

Goods Classification

• Industrial chemicals, synthetic resins, and plastics.
• Paints, coatings, and preservatives for wood and metal.
• Cleaning products, cosmetics, and personal care items.
• Oils, lubricants, and fuels.
• Pharmaceuticals and medical supplies.
• Metals and metal-based construction materials.
• Machinery, tools, and mechanical devices.
• Cutlery, hand tools, and razors.
• Scientific instruments, software, and electronics.
• Medical and dental devices, including prosthetics.
• Equipment for heating, cooling, and lighting.
• Vehicles and transportation-related machinery.
• Firearms, ammunition, and explosive devices.
• Jewelry, precious metals, and luxury watches.
• Musical instruments and related accessories.
• Paper products, stationery, and printed media.
• Rubber, plastic materials, and insulating products.
• Leather items, bags, and saddlery.
• Non-metallic construction materials.
• Household goods, kitchenware, and glassware.
• Ropes, tents, and textile raw materials.
• Threads, yarns, and textile fibers.
• Textiles, beddings, and linen products.
• Clothing, shoes, and headwear.
• Sewing accessories, ribbons, and embroidery materials.
• Carpets, rugs, and floor coverings.
• Toys, sports goods, and festive decorations.
• Food items such as meat, dairy, and preserved foods.
• Staple foods, including coffee, tea, and spices.
• Agricultural products, plants, and live animals.
• Beverages, including mineral water and fruit juices.
• Alcoholic drinks, excluding beer.
• Tobacco and smoking-related products.

Services Classification

• Business consultancy, marketing, and management services.
• Financial, insurance, and real estate services.
• Construction, maintenance, and repair services.
• Telecommunications and networking services.
• Logistics, travel, and transportation services.
• Manufacturing, material treatment, and processing services.
• Educational, training, and recreational services.
• IT, scientific research, and legal advisory services.
• Hospitality, food, and beverage services.
• Medical, veterinary, and agricultural consultancy.
• Personal services, security, and social assistance.

Trademark Registration Fees in Nepal

The cost of trademark registration varies depending on the type of application and whether you require legal assistance. Government fees apply to filing, publication, and renewal.

Trademark Infringement and Legal Remedies

Unauthorized use of a registered trademark can lead to legal consequences, including:

• Fines and penalties
• Cease and desist orders
• Compensation for damages

Businesses facing infringement issues can seek legal assistance from experienced corporate lawyers in Nepal.

Related Services

If you are starting a business in Nepal, you may also need:

• Company Registration in Nepal
• Company Compliance Services
• Company Secretary Services
• Foreign Investment Approval

For businesses involved in international trade, Foreign Arbitral Award Enforcement and Corporate Tax Compliance are also crucial.

How Law Kendra Can Help

At Law Kendra, we provide expert guidance on Trademark Filing, Registration, and Opposition. Our legal experts handle every aspect of the process, ensuring smooth registration and protection of your brand in Nepal.

For more information, visit our Trademark Filing and Registration Service page.

Frequently Asked Questions (FAQs)

Can I trademark a name or logo that is already used in another country but not in Nepal?

Yes, but it depends on whether the name or logo has been registered internationally under treaties like the Madrid Protocol, which Nepal is not yet a part of. You may still face legal challenges if the name or logo is widely recognized.

Can I transfer ownership of a registered trademark in Nepal?

Yes, trademark ownership can be transferred through an assignment deed or licensing agreement. The transfer must be officially recorded with the Department of Industry.

What happens if I don’t renew my trademark after 7 years?

If you fail to renew the trademark within the renewal period, it will expire, and others may apply for registration under the same or a similar name.

Can I use my trademark before it is officially registered?

Yes, you can use the trademark while the registration process is ongoing. However, without official registration, you may have limited legal protection against infringement.

Is it possible to register a sound, smell, or color as a trademark in Nepal?

Nepal primarily recognizes wordmarks, logos, and symbols. Non-traditional trademarks like sounds, smells, or colors are not explicitly covered under current trademark laws.