An application to register a trademark in Nepal can be filed at the Department of Industry, Office of the Registrar of Trademarks, located in Kathmandu. Online filing of trademark applications in Nepal is not yet available.
The Nepal trademark office follows the NICE Classification (11th edition), and registration of marks is acceptable in classes 1 to 34 for goods and classes 35 to 45 for services. The trademark office in Nepal accepts only single-class applications.
Members of the WTO and signatories to the Paris Convention for the Protection of Industrial Property can file convention applications claiming priority in Nepal. A certified copy of the priority document is required for claiming priority and must be submitted within three months from the filing date in Nepal.
It is possible to file an application in Nepal on an intent-to-use basis or by claiming prior use of the trademark in Nepal. However, for maintaining the registration, evidence of use may be required during renewal or in case of disputes.
A trademark application filed in Nepal undergoes examination on absolute and relative grounds to determine whether it meets the requirements for protection. Applicants must respond to objections raised in the examination report within 30 days of receipt, with a possible extension of another 30 days upon request. Once accepted by the trademark office, the application is published in the Industrial Property Bulletin and is open to opposition for 90 days from the publication date.
The registration of a trademark in Nepal is valid for a period of seven years and is renewable every seven years thereafter. Renewal applications must be filed within three months before the expiration of the registration. Late renewal is possible within six months of the expiry date, subject to payment of a surcharge.
A cancellation petition on the grounds of non-use can be filed to remove a trademark from the register if it has not been used for five consecutive years from the date of registration.
Recording the assignment of trademarks, whether with or without goodwill, as well as changes to the name or address of the applicant or proprietor, registered user agreements, and licenses, are permissible. Amendments to registered trademarks are allowed, provided they do not substantially alter the identity of the mark or the specification of goods and services covered by the registration.
Using the ® symbol for an unregistered trademark or engaging in the manufacture, import, or sale of counterfeit goods are offenses punishable under Nepalese law. Legal action for such violations can be initiated before the courts in Nepal.
Documents and Information Requirements
New Trademark/Service Mark Application in Nepal
- Name and address of the applicant.
- Representation of the trademark.
- Description of goods/services and the class under NICE Classification.
- Power of Attorney signed by the applicant.
- Priority claim document (if applicable).
Change of Applicant Name/Address of a Trademark Registration in Nepal
- Original registration certificate of the trademark.
- Request letter for change of name/address.
- Power of Attorney signed by the proprietor.
- Certified copy of the document supporting the change (e.g., deed of name change).
Change of Ownership of Trademark by Assignment/Merger in Nepal
- Original registration certificate of the trademark.
- Assignment deed or merger document.
- Power of Attorney signed by the assignor and assignee.
- Request letter for recording the change of ownership.
Renewal of Trademark Registration in Nepal
- Original registration certificate of the trademark.
- Request letter for renewal.
- Power of Attorney signed by the proprietor.
- Evidence of use (if required by the Registrar).