1. What Can Be Registered?
The Act recognises words, symbols, pictures and combinations used to distinguish one business’s goods or services from those of others.
Before applying, identify what requires protection: the brand name, logo, label or a combination. The application should reflect the identity the business intends to use consistently.
Company registration, domain registration and trademark registration serve different purposes. Approval of a company name should not be treated as confirmation that the corresponding trademark is available.
2. Search Before Filing
A preliminary trademark search helps identify existing marks that may create registration or infringement concerns.
Conduct this review before committing substantial expenditure to packaging, signage or advertising. A search informs the filing decision but does not guarantee registration.
3. Identify the Relevant Class
Trademark applications must identify the goods or services for which protection is sought. Section 18A of the Act requires a separate application for each class.
A business offering several products or services should assess whether multiple applications are necessary. Registration in one class should not be assumed to cover every activity carried out under the brand.
Descriptions should correspond to the business’s actual or intended activities rather than rely solely on a broad class heading.
4. Prepare the Application
Applications are submitted to the Industrial Property Section under Department of Industry. Its published checklist for domestic trademark registration includes:
- The completed application;
- A copy of the relevant industry or business registration certificate or operating permission;
- Four specimens of the trademark, within the prescribed dimensions;
- Evidence of payment of the application fee; and
- A power of attorney and representative identification, where applicable.
For foreign trademarks, the checklist additionally identifies a certified copy of the valid foreign registration certificate, priority documents where priority is claimed, and authorisation with a Nepal correspondence address.
Ensure that the applicant’s name, mark specimens and goods or services remain consistent throughout the documents.
5. Examination and Objections
Under Section 18 of the Act, the Department examines the application and considers objections before deciding whether registration is appropriate.
Refusal grounds include prior registration in another person’s name, possible harm to another trademark’s reputation, and adverse effects on reputation, public morality or national interest.
Applicants should monitor correspondence and relevant publications, respond within the applicable period and address objections with supporting evidence. Filing an application does not itself establish that the mark has been registered.
6. Registration, Use and Renewal
Once approved, the applicant pays the registration fee and obtains the certificate. Check that the certificate correctly records the owner, mark and covered goods or services.
Registration lasts seven years and may be renewed repeatedly for further seven-year periods. The ordinary renewal deadline is 35 days after expiry, followed by a statutory late-renewal opportunity.
Under Section 18C of the Act, failure to use the mark within one year of registration may lead to cancellation following inquiry.
Maintain dated evidence of use, such as packaging, invoices, advertisements and product photographs. Record renewal dates and review whether changes to branding or business activities require additional filings.
Frequently Asked Questions
Does registering a company protect its brand name?
Company registration does not replace trademark registration. Businesses should separately assess the availability and protection of their brand.
Should the name and logo be filed together?
A combined application protects the mark in the form submitted. Where the name and logo are commercially important independently, consider whether separate applications would better support the protection strategy.
Can one application cover several classes?
No. The Act requires a separate application for each class.
What are the government fees?
The Department’s published checklist lists NPR 1,000 as the application fee per trademark per class and NPR 5,000 as the registration fee per trademark per class.
Is a foreign trademark automatically protected in Nepal?
Foreign registration does not replace registration in Nepal. The local application and supporting documentation must be addressed.
How long does registration take?
The duration depends on examination, document completeness and any objections. Applicants should avoid planning a launch around an assumed registration date.
Can the business use the registered trademark symbol while its application is pending?
A pending application should not be represented as a completed registration. Section 18B prohibits using an unregistered mark as a registered trademark.
How Alpha Law Associates Can Assist
Alpha Law Associates assists businesses with trademark searches, classification, filing strategies, applications and responses to objections. We also advise on renewals, ownership transfers, licensing and disputes concerning unauthorised trademark use.