The Nepali sequence is short, and so is the statute that describes it. What is set out below is what the Act provides; where it is silent, the Department’s own procedure governs, and those points are flagged rather than filled in.
Quick reference
| Stage | What the Act provides | The clock |
|---|---|---|
| Application | Prescribed format, four specimens, application fee | — |
| Investigation | The Department investigates and gives an opportunity to be heard | — |
| Decision | Registration, unless a proviso ground applies | — |
| Registration fee | Payable to obtain the certificate | — |
| Publication | Registered marks published, with renewals and cancellations | — |
| Complaint | Any person may object to the published particulars | 35 days |
| Use | The mark must be brought into use | One year from registration |
| Term | Seven years from registration | Renewal 35 days from expiry |
Application
Section 17: the application is made to the Department in the format prescribed in the Schedule, with four specimens of the mark and the application fee.
A separate application is required for each category of goods or services under section 18A, and an attorney or legal practitioner may be appointed under section 20.
Where the mark is already registered abroad, section 21C allows the Department to register it without conducting any enquiries on production of the foreign registration certificate — so the certificate is part of the filing for a foreign applicant.
See filing a trademark in Nepal.
Investigation and the opportunity to be heard
Section 18(1) requires the Department, on an application under section 17, to register the mark in the applicant’s name in the prescribed form — and in doing so to:
- conduct necessary investigation;
- provide the applicant a sufficient opportunity to defend themselves; and
- conduct further inquiry as appropriate.
That is the whole of the statutory examination procedure. There is a right to be heard, and there is an investigation, but the Act sets no timetable for either, no form for an objection, and no period for a reply.
So the period for responding to an objection, the form it takes, and whether an extension is available are matters of Departmental practice rather than statute. They are worth confirming at the time of filing rather than assuming from published material or from a neighbouring jurisdiction.
Refusal
The proviso to section 18(1) withholds registration where the mark may hurt the prestige of any individual or institution, adversely affect public conduct or morality, undermine the national interest or the reputation of another person’s trademark, or where it is already registered in another’s name.
See marks that cannot be registered.
Registration and the certificate
Section 18(2): to obtain a certificate as mentioned in subsection (1), the applicant pays the registration fee prescribed in the fee Schedule.
So there are two fee points — one on filing and one on grant. See trademark fees in Nepal.
The date of registration is the date everything afterwards is measured from: the seven-year term under section 18D, and the one-year use obligation under section 18C.
Publication, and the 35-day complaint
Section 21A: the Department publishes the trademarks registered under section 18, together with particulars of their renewal or cancellation, for the information of the public.
Any person with an objection to the published particulars may file a complaint within 35 days of the publication, and the Department takes necessary action after holding inquiries.
Note the ordering. Publication follows registration rather than preceding it, so a complaint is directed at an existing entry. See trademark opposition in Nepal.
The one-year clock starts immediately
This is the stage most easily forgotten, because nothing happens to prompt it.
Section 18C: where a registered trademark is not brought into use within one year from the date of registration, the Department shall conduct necessary inquiries and cancel such registration.
It runs from registration, it applies to each registration separately, and the Act provides no defence of special circumstances and no provision deeming licensed use to be the owner’s use.
The practical step at the point of registration is therefore to open a use file — invoices, packaging, advertising, import documents, dated evidence of product in market — rather than to close the matter. See trademark cancellation in Nepal.
Then the renewal cycle
Seven years from registration under section 18D, renewed within 35 days from the date of expiry under section 23B(1), with late renewal available within a further six months on payment of a fine, and automatic cancellation if that passes.
See trademark renewal in Nepal.
What the Act does not set out
Listed plainly, because these are the points where secondary descriptions tend to supply detail that is not statutory:
- no statutory examination timetable, and no prescribed period for answering an objection;
- no pre-registration advertisement — publication under section 21A is of registered marks;
- no prescribed opposition procedure beyond the 35-day complaint and the Department’s inquiries;
- no statutory appeal route specified against the Department’s decisions; and
- no statutory search procedure for clearance before filing.
Where the Act is silent, the Department’s procedure governs. The honest approach for a foreign applicant is to settle those points locally at the time, and to build the plan around the statutory dates — which are the ones that do not move.
The three dates that do not move
- 35 days from publication, to complain about published particulars.
- One year from registration, to bring the mark into use.
- Seven years from registration, then 35 days from expiry to renew, then six months with a fine.
Frequently asked questions
How long does registration take in Nepal? The Act sets no timetable. It requires the Department to conduct necessary investigation and to give the applicant a sufficient opportunity to be heard, but prescribes no periods.
How long do I have to respond to an objection? The Act does not prescribe a period. It gives a right to be heard, and the procedure is a matter of Departmental practice to be confirmed at the time.
When is my application published? Publication under section 21A is of trademarks the Department has registered, together with particulars of renewal or cancellation — so it follows registration.
How long is the complaint window? Thirty-five days from the date of publication.
What do I need to do immediately after registration? Start using the mark and keep the evidence. Section 18C requires cancellation where the mark is not brought into use within one year of registration.
Are there two fees? Yes. An application fee on filing under section 17, and a registration fee to obtain the certificate under section 18(2).
Useful official resources
- Department of Industry, Nepal
- Patent, Design and Trade Mark Act, 2022 (1965) — sections 17, 18, 18A to 18D, 20, 21A, 21C, 23B
- Nepal Law Commission
See our related notes on filing a trademark in Nepal, trademark opposition and trademark cancellation.
Holding a Nepali application, or a registration with the one-year clock running? Talk to us.