Nepal Trademark Registration

In Nepal, trademark registration is mandatory to be granted rights over a trademark, as it is a “first to file” jurisdiction. No trademark rights may be claimed based on previous use in the jurisdiction, so simply using a mark in Nepal does not create enforceable rights.

To obtain protection, trademark applications must be filed with the Industrial Property section of the Ministry of Industry.

If you register a combined trademark (including both word elements and figurative elements), your exclusive right to use the mark is limited to the exact configuration in which it was filed and registered. If you wish to use the word element separately from the logo (or vice versa), it is recommended to register another trademark including only the word or figurative elements you wish to use and protect separately.

To register a trademark in Nepal, you will generally need:

• Original Power of Attorney, signed. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average application process takes approximately 5 months.

This is an estimated processing time for straightforward cases, based on current timeframes for applications. Actual times may vary considerably depending on the circumstances of each case.

The term of validity of a registered trademark in Nepal is 7 years from the registration date.

After that, it can be renewed indefinitely for successive periods of seven (7) years. The renewal may be requested:

• Within 35 days before the expiration date, and
• As late as six (6) months after the expiration date.

If the renewal is requested after the expiration date, late renewal fees will apply.

Yes. If a third party intends to register or use a trademark for similar goods or services that includes a primary or distinctive part of your mark, you have the right to oppose the application based on confusing similarity.

Opposition actions may be filed by interested third parties within ninety (90) days following the publication of the application in the official gazette. The probability of success will vary in each case depending on the specific circumstances.

A trademark does not have to be in use in order to be registered in Nepal.

However, if the trademark is not used for longer than one (1) year after registration, it becomes vulnerable to cancellation actions based on lack of use brought by third parties. Therefore, although use is not required for registration, non-use after registration can lead to cancellation.