This blog is aimed to answer all questions related to trademark like how to register trademark in Nepal or how long does trademark last


1) Introduction

A Trademark is a form of intellectual property consisting of a distinctive sign, design, or expression that identifies the products or services of a particular source and differentiates them from others. Trademarks can be owned by individuals, businesses, or legal entities.

A trademark may include recognizable names, words, phrases, logos, symbols, images, designs, or any combination of such elements that identify products or services from a particular source and distinguish them from competitors.

In Nepal, trademarks are protected and regulated under the Patent, Design, and Trademark Act, 1965 (2022) (“PDTA”), with the Department of Industries (DOI) responsible for the registration and administration of both domestic and foreign trademarks.

There are three main types of trademarks:

• ™: The Trademark symbol (TM in superscript) represents an unregistered trademark used to promote or brand goods.
• ℠: The Service Mark symbol (SM in superscript) denotes an unregistered service mark used to brand services.
• ® : Registered Trademark (R in a circle) represents a registered trademark and can only be used by the trademark owner following formal registration.

Trademark registration typically takes 12 to 18 months and is valid for seven years from the date of registration, after which it must be renewed.

2) Filing Requirements

The following documents are required for trademark registration:

1. Power of Attorney (POA), duly signed and sealed, with signatures from two witnesses from the applicant company.
2. Application Form, duly signed and sealed, with signatures from two witnesses from the applicant company.
3. A certified copy of the Home Registration Certificate or a Certificate of Registration from another country, attested by a Notary Public or other relevant authority.
4. Five printed copies of the word, device, or label of the mark to be registered.
5. A translation of the certificates in either Nepali or English, similarly attested.
6. Applicable registration fees (Rs. ………).

2.1) Classification of Goods and Services for Trademark Registration

According to Section 18(A) of the PDTA, separate applications must be submitted for the registration of trademarks covering goods or services in different classes. These classifications align with the Nice Agreement of 1957, categorizing goods in International Classes 1 to 34 and services in Classes 35 to 45.

3) Trademark Registration Procedure

After the Application Form is submitted to the Department of Industries, the registrar examines the trademark for uniqueness, potential for deception, and any conflicts with existing trademarks. The registrar may accept or reject the application based on the provisions of the PDTA.

If accepted, the trademark is published in the IP Bulletin issued by the Trademark Registration Office of Nepal. This initiates a 90-day opposition period during which objections may be filed. If no objections are raised, the trademark is registered within 12 to 18 months and is valid for seven years from the date of registration. Opposition notices are published in the media for a three-month period.

4) Trademark Validity and Renewal

A trademark remains valid for seven years from the registration date, after which it requires renewal. Renewal involves submitting a fresh power of attorney, the original Nepalese Registration Certificate, and the necessary endorsements.

Renewal Requirements:

1. A Power of Attorney, duly signed and sealed, with signatures from two witnesses from the applicant company.
2. An Application Form, duly signed and sealed, with signatures from two witnesses from the applicant company.
3. The Original Nepalese Registration Certificate.
4. Official renewal fees.

5) Assignment and Transfers

Applications for trademark assignments or transfers must include a Deed of Assignment, Power of Attorney, and the Original Nepalese Registration Certificate to record name or address changes on the registration.

Assignment Requirements:

1. A Power of Attorney, signed and sealed, with two witnesses from both the assignor and assignee applicant companies.
2. An Application Form, signed and sealed, with two witnesses from both the assignor and assignee applicant companies.
3. A Deed of Assignment, Recordal of Assignment, or Home affidavit.
4. The Original Nepalese Registration Certificate.
5. Applicable official fees.