Registration of Foreign Trademark in Nepal
Introduction
Patent, Design and Trademark Act 2022 (1965
AD) (“PDTA”) provides for the protection of
trademarks in Nepal. A trademark has been
defined as a word, symbol or picture, or
combination of all three items used by a firm,
company or an individual in its products or
services to distinguish it from the products or
services of others.
Scope of Protection
Nepal adopts “first to file” principle. Registration
is the prima facie evidence and the only method of
obtaining rights to a trademark in Nepal. PDTA
does not grant a statutory protection to
unregistered trademarks. In order to obtain
statutory protection to trademarks in Nepal,
proprietors of foreign trademarks must first
register their trademarks in Nepal. The scope of
protection of a foreign trademark in Nepal shall
be to the extent of its home registration. A
foreign company can register trademarks in Nepal
if such trademarks are already registered in any
foreign country.
Nepal adopts the Nice Classification – Eleventh
Edition for classification of goods and services for
registering trademarks and service marks. Foreign
trademarks registered in Nepal are accorded
national treatment. Foreign trademarks are
entitled to priority date protection under the Paris
Convention for the Protection of Industrial
Property 1883.
P&A Brochure – Registration of Foreign Trademark in Nepal
Application for Registration
PDTA prohibits using a trademark as a registered
one without first registering it at the trademark
office, known as the Department of Industry
(“DOI”).
Search
A person can submit a request for a search at
trademark registry by filing an application at DOI.
A separate filing fee is required for the search in
each class. Conducting a search is only for the
convenience of the prospective applicant; it is not
required by PDTA.
Registration Process
The registration process of a trademark begins
with filing an application at DOI along with
supporting documents. By filing an application
for registration of a trademark, the applicant
obtains the protection of priority date on such
trademark. A separate application is required for
each class.
Foreign trademarks can be registered in Nepal
based on the extent and scope of their foreign
registration. A trademark can be registered in
Nepal in a similar design and color as it has been
registered in the home country or any other
foreign country.
Examination
DOI conducts an examination whether the
proposed trademark is contrary to Nepali laws
or is already registered in Nepal. In case the
aforesaid situations prevail, DOI may refuse to
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register the foreign trademark. In contrast,
provided that DOI deems the proposed
trademark registrable, DOI publishes the
proposed trademark in its Industrial Property
Bulletin (“IP Bulletin”) for opposition purposes.
Opposition
notarization thereof (if the certificate is not in
English language, an English translation with
notarization thereof);
 Power of attorney affixing the corporate seal
(we will forward you the draft of power of
attorney once you decide to proceed); and

All new proposed trademarks published in the
IP Bulletin remain open for 90 days for
opposition. A person, who wishes to object to
the registration of the proposed trademark, may
file a notice of opposition.
Registration
If no opposition is filed by any person within the
prescribed period or if DOI determines that the
opposition has no merit where an opposition is
filed by any party, the applicant is entitled to
receive a certificate of registration of trademark
upon submitting the registration fee. Our
experience indicates that it usually takes
approximately 12 to 15 months to complete the
registration process of trademarks in Nepal.
Documentary Requirements
 Six samples of the proposed trademark.
Duration of Registration
The registration of trademarks shall be valid for
seven (7) years from the date of registration. It
can be renewed any number of times each for
seven years at a time.
Use Requirement
PDTA significantly emphasizes on the use of
trademarks. Though pre-use is not a requirement
to register a trademark, PDTA requires the
proprietors of trademarks to commence the use of
their trademarks within one year of the
registration. DOI can exercise its discretion to
cancel the registration of registered trademarks for
non-use.

A prescribed form must be submitted for the Fees

application for trademark registration wherein
the required details of the applicant and the The official fees payable to DOI are as follows:
trademark, such as, description of the mark,
S.N. Particulars Official Fees
international trademark class, date of its first use,
1. Trademark USD 6.00
mark design, and others must be specified. The
registry search
sample of the proposed trademark can be
2. Filing of each USD 12.00
mounted in the blank white paper.
application
3. Registration of a USD 56.00
The following documents are required to apply
trademark
for registration of a trademark:
Our firm’s service fees are as follows:
 Application for the registration of trademark
affixing the corporate seal (we will forward you S.N. Particulars Service Fees
the draft of application form once you decide to 1. Trademark USD 150.00
proceed); registry search
and search
 An authentic photocopy of the home opinion
registration certificate of the trademark with

P&A Brochure – Registration of Foreign Trademark in Nepal Page 2 of 3

 S.N. Particulars Service Fees charged in addition at a flat rate of USD75.00
2. Filing of each USD 250.00 for each application.
application
3. Registration of USD 250.00 As a professional courtesy, we provide a group
each trademark discount to those clients and colleagues who
(without avail of our services on a regular basis.
opposition) Generally, we provide a group discount of ten
(10) percent on our service fees for those clients
The abovementioned service fees include the and colleagues who file two or more applications
costs incurred during application and registration concurrently.
process, and the costs of translation of
certificates of registration. Costs of courier and Should you decide to avail of our services, please
other out-of-pocket expenses are not included in feel free to write us and we will forward the
the service fees. Such costs and expenses are appropriate documents to you for signatures.

DISCLAIMER: INFORMATION CONTAINED IN THIS DOCUMENT IS ONLY FOR GENERAL INFORMATION PURPOSE AND
SHALL NOT BE CONSIDERED TO BE LEGAL OPINION.

For further information about the subjects covered in this Brochure, please contact:

Pradhan & Associates Pvt. Ltd.

559 Bakhundole Marg (Maitri Marg), Bakhundole – 3

Lalitpur, Nepal
Tel: +977 1 545 1900 | Fax: +977 1 543 3344
Email: info@pradhanlaw.com
Web: www.pradhanlaw.com

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