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Registering a trademark with the Department of Industry under the Ministry of Industry, Commerce and Supplies of Nepal takes about 6–12 months if there are no oppositions or errors in the application. Complex cases, such as those involving oppositions, may take up to 18 months.
The deadline for filing an opposition is 3 months from the publication of the application in the Nepal Official Intellectual Property Bulletin.
In Nepal, you can register word marks, figurative marks, combined marks, and certification marks, provided they are distinctive. Marks contrary to public morality, religious values, or state symbols are prohibited.
The certificate is valid for 7 years from the registration date and can be renewed indefinitely every 7 years.
The owner has the exclusive right to use the mark commercially in Nepal, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $100–300 for one class of goods or services, including registration and publication fees. Additional costs may include legal services or fees for extra classes.
Use of the trademark is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request, as per the Patent, Design and Trademark Act.
If the trademark is not renewed within 7 years from the registration date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
A trademark is not just a logo or symbol; it represents the trust and reputation you build with your customers. Nepal, as a rapidly developing market in South Asia, offers significant opportunities for both local and foreign businesses. To operate legally and safely in Nepal, registering your trademark is an essential step. Trademark registration ensures your exclusive rights, safeguards your brand from misuse, and adds substantial value to your business.
Registering your trademark in Nepal comes with numerous benefits that extend beyond mere legal compliance:
Protection Against Copying and Unfair Competition: A registered trademark prevents others from using identical or confusingly similar marks, protecting your brand from counterfeiters and unfair market practices.
Exclusive Rights: Registration grants you exclusive rights to use your tm logo trademark within Nepal’s commercial space, securing your identity.
Enhancement of Business and Brand Value: A registered mark increases the overall value of your company by adding intangible assets recognized by investors and partners.
Licensing and Franchising Opportunities: Ownership of a registered logo opens doors to monetize your brand through licensing agreements or franchising models.
Legal Advantages in Disputes: In case of infringement or disputes over brand ownership, a registered trademark provides solid legal standing, supported by trade mark office search records and registration certificates.
The Department of Industry under the Ministry of Industry, Commerce and Supplies governs the registration of trademarks in Nepal. The registration process includes the following key steps:
Trademark Name Search: Conducting a trademark name search is a critical first step to ensure that your tm logo does not conflict with existing registered marks. This search reduces the risk of objections or rejections during the registration process.
Filing the Application: The application for trademark registration should include:
Applicant’s name and address
A clear representation of the tm trademark logo or tm logo
A list of goods or services categorized according to international classifications
Power of attorney, if submitted by an agent
Priority claim information, if applicable
Formal Examination: The Department reviews the application to confirm all documents and formalities are complete.
Substantive Examination: The trademark office conducts a detailed examination of the mark’s distinctiveness, checking compliance with Nepalese trademark laws.
Publication and Opposition: Upon passing the examination, the trademark is published in the official gazette. Third parties have a specified period (usually 60 days) to file oppositions if they believe the mark conflicts with their rights.
Issuance of Registration Certificate: If no oppositions arise or they are resolved in favor of the applicant, the trademark is registered, and a certificate is issued. The registration mark is valid for 10 years from the date of application and can be renewed indefinitely.
Once registered, your trademark is entered into Nepal’s national trademark registry, a public database accessible for trade mark office search. This registry strengthens the protection of your brand and provides transparency.
Navigating the trademark registration process without expert guidance can lead to:
Incomplete or incorrect documentation resulting in delays or refusals.
Overlooking existing trademarks due to inadequate trademark name search, increasing risks of opposition.
Complexities in handling oppositions or legal disputes requiring specialized knowledge.
ProfitMark offers comprehensive assistance to ensure smooth and successful trademark registration:
End-to-End Support: From preparing your application to obtaining the registered mark certificate, we manage every stage.
Trademark Name Search: We conduct thorough trade mark office search to verify your brand’s uniqueness.
Remote Filing: Documents can be submitted without your physical presence in Nepal.
Legal Assistance: Our legal team handles oppositions or disputes professionally on your behalf.
Transparent Pricing and Fixed Timelines: No hidden fees, clear cost structure, and guaranteed deadlines.
Over 13 years of experience in global trademark registration.
Successful registrations in over 30 countries.
International expert team familiar with local regulations.
Personalized, professional approach to every client.
Fully online service enabling distance management.
Guaranteed quality of service at every step.
Do not delay protecting your brand. Registering your trademark in Nepal secures your intellectual property rights and enhances your market potential in a growing economy. With ProfitMark, the process of trademark registration is simple, transparent, and reliable. Contact us today and take a strategic step toward securing the future of your business!