Trademark Registration in Nepal: Complete Guide 2026

Your brand name, logo, and tagline are among the most valuable assets your business owns. In Nepal, trademark registration gives you the exclusive legal right to use your mark and prevents competitors from copying it. The process is managed by the Intellectual Property Office Division (IPOD) under the Ministry of Industry, Commerce, and Supplies, and is governed by the Patent, Design, and Trademark Act 2022 BS (1965 AD). Whether you are a Nepali entrepreneur, a foreign company, or someone starting a business through court marriage in Nepal and settling here, protecting your brand should be a priority.

What Is a Trademark?

A trademark is any sign, symbol, word, phrase, logo, design, or combination thereof that distinguishes the goods or services of one business from another. In Nepal, the Patent, Design, and Trademark Act recognizes the following types of marks:

• Word marks — brand names, slogans, or taglines (e.g., "Dai Ko Kitchen")
• Logo marks — graphical symbols or icons
• Combination marks — a word and logo used together
• Service marks — marks that identify services rather than physical goods

What Cannot Be Trademarked in Nepal?

The following cannot be registered as trademarks under Nepali law:

• Marks identical or confusingly similar to an existing registered trademark
• National flags, emblems, or government symbols of any country
• Generic or descriptive words that describe the product itself
• Marks that are immoral, scandalous, or offensive to public order
• Names or likenesses of famous persons without consent

Why Register Your Trademark in Nepal?

Many business owners assume that registering a company in Nepal automatically protects their brand name. This is not true. Company registration and trademark registration serve different purposes:

Key benefits of trademark registration include:

• Exclusive rights to use the mark across Nepal for the registered class of goods/services
• Legal standing to file infringement cases in court
• Deterrence — the registered ® symbol warns competitors
• Asset value — a registered trademark can be sold, licensed, or franchised
• Foundation for international protection in countries that recognize Nepali registrations

Governing Law: Patent, Design and Trademark Act 2022 BS

The primary legislation governing trademarks in Nepal is the Patent, Design, and Trademark Act 2022 BS (1965 AD), along with its subsequent amendments. Key provisions include:

• Section 18–28 — Registration process, examination, and opposition
• Section 29–32 — Rights of trademark owners and duration of protection
• Section 33–37 — Infringement, penalties, and legal remedies

Nepal is also a member of the World Intellectual Property Organization (WIPO) and a signatory to the Paris Convention for the Protection of Industrial Property. However, Nepal has not yet joined the Madrid Protocol, which means foreign trademark holders must file directly with IPOD rather than through an international registration system.

The National Criminal Code 2074 also contains provisions related to intellectual property offenses, including counterfeiting and trademark fraud.

Who Can Register a Trademark in Nepal?

The following individuals and entities are eligible to apply for trademark registration at IPOD:

• Nepali citizens — individuals or sole proprietors
• Nepali companies — private limited, public limited, or partnerships registered at OCR
• Foreign companies — must appoint a Nepal-registered agent or attorney to file on their behalf
• NRN-owned businesses — Non-Resident Nepalis who hold valid Nepali citizenship or NRN identity cards
• Joint ventures — Nepali-foreign joint ventures with a registered office in Nepal

Step-by-Step Trademark Registration Process

Here is the complete process to register a trademark in Nepal at IPOD:

Step 1: Conduct a Trademark Search

Before filing, conduct a search at IPOD to ensure your proposed mark is not already registered or pending. You can visit the IPOD office at Tripureshwor, Kathmandu, or work with a trademark agent to run the search. This step is optional but strongly recommended to avoid rejection.

Step 2: Prepare the Application

Complete the trademark application form provided by IPOD. The form requires:

• Full name and address of the applicant
• Description of the trademark (word, logo, or combination)
• List of goods or services the trademark will cover (by Nice Classification class)
• Three copies of the trademark specimen (logo/design printout)
• Priority claim details, if applicable (under the Paris Convention)

Step 3: Submit Application and Pay Fees

Submit the completed application to IPOD along with the required documents and fee payment. The application fee is NPR 2,000 per class of goods or services.

Step 4: Examination by IPOD

IPOD examines the application for compliance with the Act. The examiner checks whether:

• The mark is distinctive and not merely descriptive
• It does not conflict with existing registered marks
• It complies with all legal requirements

If there are objections, IPOD issues an office action and the applicant has an opportunity to respond or amend the application.

Step 5: Publication in the Official Gazette

Once the application passes examination, the mark is published in the Nepal Gazette (Nepal Rajpatra). This puts the public on notice of the pending registration.

Step 6: Opposition Period (90 Days)

After publication, any third party who believes the trademark conflicts with their rights has 90 days to file an opposition. If no opposition is filed (or if the applicant successfully defends against an opposition), the process moves to final registration.

Step 7: Registration Certificate Issued

IPOD issues the trademark registration certificate upon payment of the registration fee of NPR 5,000 per class. The trademark is now officially protected.

Documents Required for Trademark Registration

Trademark Registration Fees in Nepal

If you register your trademark in multiple classes (e.g., both Class 25 for clothing and Class 35 for retail services), you pay the fee separately for each class. Most small businesses need only 1 or 2 classes.

Trademark fees are separate from your general income tax obligations. However, trademark registration costs can typically be claimed as a business expense when filing PAN-based tax returns.

Trademark Classification: Nice Classification in Nepal

Nepal follows the International (Nice) Classification of Goods and Services, which divides all goods and services into 45 classes:

• Classes 1–34 — Goods (chemicals, paints, pharmaceuticals, clothing, food, beverages, etc.)
• Classes 35–45 — Services (advertising, insurance, education, legal services, restaurants, etc.)

Common Classes for Nepal Businesses

How Long Does Trademark Registration Take in Nepal?

The typical timeline for trademark registration in Nepal is 6 to 12 months from application to certificate:

Delays may occur if IPOD raises objections during examination, if a third party files an opposition, or during periods of government backlog.

Trademark Protection Period and Renewal

A registered trademark in Nepal is valid for 7 years from the date of registration. After 7 years, it can be renewed indefinitely for successive 7-year periods by paying the renewal fee of NPR 5,000 per class.

Key points about trademark protection:

• You must apply for renewal before the expiry date
• There is a grace period of 6 months after expiry, but late renewal fees may apply
• If you do not renew, the trademark is removed from the register and becomes available for others to register
• Using the ® symbol is only permissible after formal registration (not during the application stage)

Registering a Foreign Trademark in Nepal

Foreign companies and individuals can register their trademarks in Nepal, but the process has additional requirements:

• Nepal-registered agent — Foreign applicants must appoint a trademark agent or attorney who is registered in Nepal to act on their behalf
• Power of attorney — Notarized and apostilled (or embassy-attested) power of attorney authorizing the agent
• No Madrid Protocol — Since Nepal has not joined the Madrid Protocol, international trademark registrations (through WIPO) are not automatically recognized. You must file a separate application directly with IPOD
• Paris Convention priority — If you filed for the same trademark in another Paris Convention country within the last 6 months, you can claim priority date in Nepal

Foreign brands looking to establish operations in Nepal through foreign direct investment should register their trademark as part of the market-entry process.

Trademark Infringement and Enforcement in Nepal

If someone uses your registered trademark without authorization, Nepali law provides several remedies:

Civil Remedies

• File a civil suit in the District Court seeking an injunction to stop the infringing use
• Claim damages (compensation) for losses caused by the infringement
• Request an account of profits made by the infringer using your mark

Criminal Remedies

• File a criminal complaint (FIR) at the local police station for trademark counterfeiting
• Penalties include fines and imprisonment under the Patent, Design, and Trademark Act
• Police can seize counterfeit goods bearing the infringing mark

Customs Protection

Trademark owners can also file a complaint with Nepal Customs to prevent the import of counterfeit goods bearing their registered mark. This is particularly useful for foreign brands facing counterfeiting issues at the border.

If you need to understand the bail process or the criminal penalties under the National Criminal Code, consult with a lawyer experienced in IP law.

Trademark vs. Copyright vs. Patent in Nepal

Business owners often confuse these three types of intellectual property. Here is how they differ:

Common Mistakes to Avoid When Registering a Trademark

• Not conducting a prior search — Filing without checking existing registrations leads to rejection
• Choosing a descriptive mark — Generic terms like "Best Tea Nepal" are unlikely to be approved
• Wrong classification — Registering in the wrong Nice class leaves your brand unprotected in the class that matters
• Not renewing on time — Missing the 7-year renewal deadline means losing your trademark
• Confusing company registration with trademark registration — They are completely separate processes
• Not using the mark after registration — A trademark can be challenged for non-use if you do not actually use it in commerce

Conclusion

Trademark registration in Nepal is an affordable and essential step for any business that values its brand identity. With application fees starting at just NPR 2,000 per class and protection lasting 7 years (renewable indefinitely), there is no reason to leave your brand unprotected. The process at IPOD is straightforward, and with proper documentation, most applications are completed within 6 to 12 months.

For professional assistance with trademark registration, trademark search, classification advice, or infringement disputes in Nepal, contact our legal team at Court Marriage in Nepal Pvt. Ltd. We handle the entire process so you can focus on growing your business.