Trademark Registration in Nepal: A Practical Guide for Small Business Owners

So you started a business in Nepal. You picked a name, got your PAN, opened a bank account. You think that name is yours now. But here is a difficult legal truth: in Nepal, the person who files the paperwork first owns the name legally and not the person who used it first in the market.

That is the system. It is called "first-to-file," and it catches a lot of good business owners completely off guard.

This guide will walk you through everything you need to know, from understanding what a trademark actually is, to filing and to keep it alive for years to come.

What Exactly Is a Trademark in Nepal?

A trademark is any word, logo, symbol, or combination of these that your business uses to set itself apart from competitors. Think of it as your business's legal identity marker.

Nepal's trademark system is governed by a law called the Patent, Design and Trademark Act (PDTA), passed in 1965. The government body that handles all trademark work like applications, renewals, disputes is the Industrial Property Branch of the Department of Industry (DOI) located in Tripureshwor, Kathmandu.

What Kinds of Brand Names Can You Register?

You can register:

But not everything you file will get approved. The DOI will reject applications that are purely descriptive. For example, you run a chiura business and you want to register the name "Crunchy Beaten Rice." That will almost certainly be rejected because it just describes the product. But if you invent a name like "Chiuro," that's distinctive enough to have a real shot.

Anything incorporating Nepal's national flag, government emblems, or content that could offend public morality or ethnic communities will also be refused outright.

Before You File

Before you spend time and money on an application, do a trademark search. This checks whether someone else has already registered or applied for a name identical or confusingly similar to yours.

You can request this search directly at the DOI counter in Kathmandu. The fee is NPR 500 per class. The registry usually gives you a clearance report within 3 to 7 working days.

Do not skip this step. Filing without checking can lead to your application getting rejected nine months later because a similar name was already in the system. That is months of waiting and fees lost.

The Application Process, Step by Step

The journey from filing to certificate follows seven stages. Here's how it flows:

Stage 1 – Prepare your application: Use the form format specified in Schedule 1(c) of the PDTA. Include your business details, a printed copy of your mark, and a clear list of the goods or services you're claiming protection for.

Stage 2 – Submit at the DOI: You physically go to the DOI office in Tripureshwor and submit your documents along with proof of fee payment. There's no online filing system yet.

Stage 3 – Formal check: Clerks verify that the right forms are used, signatures are present, and your company registration matches the name on the application.

Stage 4 – Substantive review: This is the real legal check. An IP examiner reviews whether your mark is too generic, offensive, or too similar to something already registered. If they find a problem, they'll send an objection. You'll get a chance to respond in writing or request a hearing.

Stage 5 – Publication in the IP Bulletin: If the examiner approves your mark, it gets published in the DOI's Industrial Property Bulletin. This is a public notice so that anyone who has any grievance can see and file for complaint.

Stage 6 – The 90-day opposition window: From the date of publication, anyone who believes your mark infringes on their existing brand has exactly 90 days to file a formal challenge. Not 91 days. Exactly 90. If no one objects, you move forward.

Stage 7 – Certificate issued: You pay the final registration fee, and the DOI issues your official Trademark Registration Certificate.

One critical note: an "Information Letter", which the DOI may send to acknowledge your publication, is not a substitute for the certificate. Your legal rights only activate once you hold that final certificate in your hands.

Documents You Will Need

You'll need to gather five things before going to the counter:

Completed application form: drafted in the format under Schedule 1(c) of the PDTA

Four printed copies of your trademark: clear physical printouts, no larger than 10 × 10 cm each

Business registration certificate: a certified copy from the OCR, Department of Commerce, or Department of Cottage and Small Industries

PAN or VAT certificate: your tax registration document

Citizenship certificate: of the owner or the director signing the application

And if you're hiring a lawyer to handle the filing on your behalf, add a signed authorization letter (Power of Attorney) to that bundle.

How Much Will This Cost You?

How Long Does It Take?

Honestly, it takes longer than most people expect.

If someone files an opposition, or the examiner raises objections, add another 6 to 18 months on top of that. So the best-case scenario for a completely smooth application is still about a year. You should plan your business accordingly.

Keeping Your Trademark Alive

Getting the certificate is not the finish line but only a start of an ongoing responsibility.

Your trademark is valid for 7 years from the registration date. After that, you must renew it. You can keep renewing every 7 years indefinitely.

You must file for renewal within the 35 days before your trademark expires. If you miss that window, you get a 6-month grace period but you have to pay an extra NPR 1,000 as a late penalty. And if you miss the grace period too, your trademark is gone. It becomes public property, and anyone, including a competitor, can register that name first.

There's also a use requirement. Under the PDTA, if you register a trademark but don't actually use it commercially within one year of registration, a competitor can petition the DOI to cancel your registration for non-use. Registering a name just to "block" it without using it is not a safe strategy.

What to Do If Someone Copies Your Brand

If a competitor is using your registered trademark without permission, you have options.

The DOI route (fastest): File a complaint with the DOI's Law Division. The DOI can conduct raids, issue cease-and-desist orders, confiscate counterfeit goods, and levy fines up to NPR 1,00,000. This is the most common path for local enforcement.

The court route: For cases involving serious financial losses, you can sue in District Court and claim damages for lost profits. The court can also issue permanent injunctions to stop the infringing activity.

If you're unhappy with either outcome, you can appeal to the High Court, but you must do so within 35 days of the decision being issued.

If you see a new trademark published in the IP Bulletin that looks like it could be copied from your existing brand, file an opposition within 90 days of that publication date.

This blog post is for general informational purposes only and does not constitute legal advice. For guidance specific to your business situation, consult a qualified IP lawyer or trademark agent registered with the Department of Industry.