Trademark Registration in Nepal - Expert Service by Law Manthan

Navigating the process of trademark registration in Nepal doesn’t have to be daunting. At Law Manthan, we provide comprehensive, reliable, and accessible legal guidance for registering your trademark in Nepal. From understanding the process to preparing the necessary documents, this guide has everything you need to know to protect your brand and intellectual property in Nepal.

Why Trademark Registration is Essential in Nepal

A trademark is a powerful tool that distinguishes your goods or services from competitors, offering legal protection and brand recognition. In Nepal, registering your trademark ensures exclusive rights to its usage, prevents unauthorized exploitation, and enhances your brand’s credibility in the market.

By registering your trademark in Nepal, you can:

• Secure exclusive ownership and usage rights.
• Safeguard your brand identity against infringement.
• Add intangible value to your business.
• Strengthen your legal standing in case of disputes.

Trademark Registration Process in Nepal

The process of trademark registration in Nepal involves several steps regulated under the Patent, Design, and Trademark Act, 2022 B.S. Below is a detailed breakdown:

Step 1: Conduct a Trademark Search

Before filing an application, it is advisable to perform a preliminary search to check if your trademark is already registered or pending. A proper search minimizes the risk of application rejection.

Step 2: Prepare and Submit the Application

File your trademark application at the Department of Industry (DoI) in Nepal. Your application should include:

• Name and address of the applicant.
• Representation of the trademark.
• Description of the goods or services.
• Date of first use of the trademark (if applicable).
• Power of attorney (if filed by an agent).

Step 3: Examination by the Department

The DoI examines the application to ensure compliance with legal requirements and checks for conflicts with existing trademarks. If issues are found, the applicant is notified to address them within a specified period.

Step 4: Publication in the Industrial Property Bulletin

Once approved, the trademark is published in the Industrial Property Bulletin for public review. This allows third parties to file oppositions within 90 days if they believe the trademark infringes on their rights.

Step 5: Issuance of the Trademark Certificate

If no opposition is filed within the stipulated period, or if oppositions are resolved in favor of the applicant, the DoI issues the trademark registration certificate.

Documents Required for Trademark Registration in Nepal

To register your trademark in Nepal, you must provide a set of documents. Ensure the following items are included for a smooth registration process:

1. Original Trademark Registration Application: 1 set (original).
2. Trademark Representation: 4 copies of the trademark logo or design.
3. Authorization Document: 1 original signed power of attorney, especially if an agent is filing on your behalf.
4. Proof of Business Registration: A copy of the registration certificate for your proprietorship, partnership, or company.
5. Tax Identification Document: 1 copy of your tax registration certificate.
6. Compliance Verification Letter: Evidence demonstrating the completion of annual compliance.
7. Tax Clearance Documentation: Certificates confirming that your tax obligations are fulfilled.
8. Industry Certification or License: 1 copy of the relevant industrial registration or authorization from the concerned authority.

Ensure these documents are complete and accurate to avoid delays in the application process.

Classification of Goods and Services for Trademark Registration

When applying for a trademark in Nepal, it is essential to identify the class under which your goods or services fall. Below is the complete list of trademark classes organized into categories of goods and services:

Goods listed according to their classes:

1. Chemicals used in industry and science, including unprocessed artificial resins and plastics.
2. Paints, varnishes, lacquers, and wood preservatives.
3. Cleaning preparations, personal care products, and cosmetics.
4. Industrial oils, lubricants, and fuels.
5. Pharmaceuticals, medical supplies, and veterinary products.
6. Common metals and their alloys, including metal building materials.
7. Machines and machine tools, engines, and agricultural equipment.
8. Hand tools, cutlery, and razors.
9. Scientific instruments, software, and electronic devices.
10. Medical and dental equipment, artificial limbs, and suture materials.
11. Appliances for lighting, heating, cooking, and refrigeration.
12. Vehicles and transportation equipment for land, air, and water.
13. Firearms, ammunition, and fireworks.
14. Jewelry, precious metals, and watches.
15. Musical instruments.
16. Paper, stationery, and printed materials.
17. Rubber, plastics, and insulating materials.
18. Leather goods, luggage, and saddlery.
19. Building materials that are not metallic.
20. Furniture, mirrors, and other wood or plastic items.
21. Household utensils, glassware, and kitchen containers.
22. Ropes, tents, sacks, and raw textile materials.
23. Yarns and threads for textiles.
24. Textiles, bed covers, and table linens.
25. Clothing, footwear, and headgear.
26. Lace, embroidery, ribbons, and sewing materials.
27. Carpets, rugs, and floor coverings.
28. Toys, sporting goods, and decorations for celebrations.
29. Food items like meat, fish, dairy, and preserved fruits.
30. Staple foods like coffee, tea, flour, and spices.
31. Agricultural products, live animals, and natural plants.
32. Beverages like mineral water, fruit juices, and non-alcoholic drinks.
33. Alcoholic beverages, excluding beer.
34. Tobacco, smokers' articles, and matches.

Services listed according to their classes:

1. Business management, marketing, and consulting services.
2. Financial services, insurance, and real estate.
3. Construction, repair, and installation services.
4. Telecommunications services.
5. Transportation, storage, and travel arrangement services.
6. Treatment and transformation of materials.
7. Education, training, and recreational services.
8. Scientific and technological services, including IT and legal services.
9. Food, drink, and temporary lodging services.
10. Medical, veterinary, and agricultural services.
11. Personal and social services, including security services.

This classification system helps ensure that trademarks are registered accurately for their intended industry, minimizing potential conflicts. For detailed guidance, consult our experts at Law Manthan.

Duration and Validity of Trademark Registration

• Processing Time: Trademark registration in Nepal generally takes 6-12 months, depending on the complexity and opposition.
• Validity: Registered trademarks are valid for 7 years from the date of registration and can be renewed indefinitely every 7 years.

Common Challenges in Trademark Registration

While the process is straightforward, applicants may face challenges such as:

• Rejections due to similarity: Applications may be rejected if the trademark resembles an existing one.
• Opposition from third parties: Objections filed during the publication period.
• Incomplete documentation: Missing or incorrect information can delay the process.

Law Manthan’s expert legal team can help you overcome these hurdles by providing tailored solutions and proactive guidance throughout the process.

Cost of Trademark Registration in Nepal

The cost for trademark registration in Nepal includes the following government fees:

Additionally, there may be legal fees and other expenses for resolving objections or oppositions. Contact Law Manthan for a transparent breakdown of costs.

Why Choose Law Manthan for Trademark Registration?

At Law Manthan, we simplify the trademark registration process by:

• Conducting comprehensive trademark searches.
• Preparing and filing accurate applications.
• Resolving objections and handling oppositions.
• Offering end-to-end legal support.

Our team specializes in intellectual property law and has successfully assisted numerous businesses across Nepal in protecting their trademarks.

Related Services

In addition to trademark registration, we offer a range of legal services to support your business, including:

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

Explore our full list of legal services here.

Learn More About Intellectual Property in Nepal

For more insights on intellectual property and other related topics, visit:

• Fraud and Misrepresentation Claims
• Foreign Arbitral Award Enforcement
• Labor Advice and Dispute Resolution

Contact Us

Protect your brand with confidence by choosing Law Manthan for your trademark registration needs in Nepal. Visit our homepage to learn more, or reach out to us directly for personalized assistance.

Start your journey to secure your intellectual property today with Law Manthan—Nepal’s trusted legal partner.