Brand Registration in Nepal: Trademark Registration Guide

Brand registration in Nepal, more formally known as trademark registration, protects your brand name, logo or slogan from being copied or misused by competitors. The two terms are used interchangeably in Nepal: there is no separate "brand registration" process distinct from trademark registration, both refer to the same legal procedure administered by the Department of Industry (DOI).

Your brand name, logo, and slogan are among your business's most valuable assets. Yet many entrepreneurs in Nepal launch and grow their businesses without ever legally protecting their brand identity, leaving it exposed to copying, misuse, and costly disputes.

The process is handled by the Department of Industry (DOI) and generally follows seven stages:  

1. conducting a trademark registration search, 
2. filing the application, 
3. submitting documents and paying government fees, 
4. preliminary examination, 
5. publication in the Industrial Property Bulletin, 
6. a 90-day opposition period
7. and finally issuance of the registration certificate.

As a corporate law firm in Nepal, Sherpa Law Associates regularly helps startups, SMEs, and multinational companies register and protect their brands in Nepal. This guide explains everything you need to know, including the legal framework, step-by-step procedure, required documents, government fees, and timeline, so you can protect your brand with confidence.

What Is Brand Registration in Nepal?

Brand registration (trademark registration)in Nepal is the legal process of registering a distinctive sign, such as a word, logo, symbol, slogan, or a combination of these, with the Department of Industry (DOI), under the Ministry of Industry, Commerce and Supplies, to obtain exclusive legal rights to use that mark in connection with your goods or services.

Once registered, no other individual or company can legally use an identical or deceptively similar mark for related goods or services in Nepal without your consent. If they do, you have the legal right to take action against infringement.

It is worth understanding how brand registration differs from copyright and patent protection, since the three are often confused:

• Trademark (brand) registration protects brand identifiers such as names, logos, taglines and packaging that distinguish one business's goods or services from another's.
• Copyright protects original creative works, such as written content, music, artwork and software code.
• Patent protects new inventions, processes or technical solutions that offer a novel way of doing something.

A business may need all three forms of protection at different points, but brand and trademark registration is generally the first priority for any business building a public-facing identity.

Legal Framework Governing Brand Registration in Nepal

Brand or trademark registration in Nepal is governed primarily by the Patent, Design and Trademark Act, 1965 (2022 B.S.), along with its amendments and associated regulations. Nepal is also a member of key international intellectual property frameworks, which support cross-border recognition and protection of registered marks.

The Department of Industry (DOI) is the competent government authority responsible for examining, publishing, and registering trademarks in Nepal.

How Do You Register a Brand in Nepal?

Step 1: Trademark Search (Preliminary Check)

Before filing an application, it is strongly recommended to conduct a trademark search to confirm that no identical or confusingly similar mark already exists in the relevant class.

Purpose:

• To assess availability and avoid rejection or opposition

How to Conduct:

• Physical search at the Department of Industry
• DOI databases (where available)
• Through a trademark lawyer or agent for comprehensive review

Outcome:

• If conflicts exist, the mark may need modification before filing

 Step 2: Preparation of Documents

Once the trademark is cleared, the applicant must prepare the necessary documents.

Required Documents:

• Completed trademark application form
• Clear representation of the trademark (logo or word mark)
• Applicant details (individual or company)
• Citizenship certificate (individual) or company registration certificate
• Power of Attorney (if filed through an agent)
• Description of goods or services under the Nice Classification
• Priority documents (for foreign applicants, if applicable)

Step 3: Filing the Application at the Department of Industry

The trademark application is submitted to the Department of Industry, Tripureshwor, Kathmandu.

Mode of Filing:

• Physical submission

Government Fees (per class):

• Application fee: NPR 1,000
• Publication fee: NPR 500–1,000 (approx.)
• Registration fee: NPR 5,000

 Step 4: Examination by the Department of Industry

The DoI examines the application for legal compliance.

Examination Covers:

• Completeness of documents
• Distinctiveness of the trademark
• Conflict with existing registered marks
• Compliance with public order and morality

Office Actions:

• If objections arise, the applicant must respond within the prescribed timeline
• Professional legal support is often critical at this stage

Step 5: Publication for Opposition

If the application passes examination, it is published in the Industrial Property Bulletin.

Purpose:

• Public notice allowing third parties to oppose the registration

Opposition Period:

• 90 days from publication

If Opposition Is Filed:

• Legal proceedings take place before the DoI
• Both parties submit arguments and evidence

Step 6: Registration and Issuance of Certificate

If no opposition is filed—or opposition is resolved in the applicant’s favor; the trademark proceeds to registration.

Final Step:

• Payment of registration fee
• Issuance of Trademark Registration Certificate

Validity and Renewal

• Validity: 7 years from the date of registration
• Renewal: Indefinitely renewable every 7 years
• Renewal Fee: NPR 5,000 per class

Estimated Timeline

• 4–6 months if no objections or opposition arise
• Longer if examination issues or opposition proceedings occur

The brand registration process, from initial filing to certificate, generally unfolds as follows:

Trademark Search → Application Filed → Documents & Fees Submitted → Preliminary Examination → Publication in IP Bulletin → 90 Day Opposition Period → Registration Certificate Issued

Why Is Brand Registration Important for Businesses in Nepal?

Trademark and brand registration is not compulsory in Nepal, but without it a business has very limited legal recourse if another party begins using an identical or similar mark. Formal registration delivers several concrete benefits.

• Legal Ownership: Registration gives the applicant documented, government-recognised ownership of the mark, which is essential if a dispute ever arises.
• Brand Protection: A registered mark cannot lawfully be used by another business operating in the same class of goods or services, reducing the risk of confusion in the marketplace.
• Exclusive Rights: The registered owner gains the sole right to use the mark commercially, and to licence, assign or sell that right to others.
• Consumer Trust: Customers increasingly associate a registered brand with legitimacy and consistency, which supports long-term loyalty.
• Business Valuation: A registered brand is an intangible asset that can add measurable value to a company, particularly when seeking investment or planning an eventual sale.
• Licensing Opportunities: Once registered, a brand or trademark can be licensed to franchisees, distributors or partners, creating additional revenue streams.
• Protection Against Infringement: Registration provides the legal foundation needed to take formal action, including court proceedings, against anyone copying or imitating the mark.
• Competitive Advantage: A clearly protected brand identity helps a business stand out in a crowded market and discourages copycat competitors from entering the same space.

Documents Required for Brand Registration in Nepal

The exact documentation required varies slightly depending on whether the applicant is an individual, a company, or based overseas, but a core checklist applies across most applications:

• Completed application form
• Trademark label or specimen (typically four to five copies)
• Power of Attorney, where filing through a representative
• Company Registration Certificate
• PAN Certificate
• Tax Clearance Certificate
• Letter confirming annual compliance
• Industrial Licence, where applicable
• Business Registration Certificate

Individual Applicants

Individuals applying in their own name generally need proof of identity alongside the application form, trademark specimen and Power of Attorney, without the company-specific certificates required of registered businesses.

Companies

Registered companies must additionally provide their Company Registration Certificate, PAN or VAT certificate, tax clearance certificate and, where relevant, an Industrial Licence or annual compliance letter confirming the business is in good standing.

Foreign Applicants

Overseas businesses and individuals must file through a licensed Nepali trademark agent, and typically need to have their Power of Attorney and supporting documents notarised and legalised through the relevant Nepal embassy or consulate before submission.

Cost of Brand Registration in Nepal

Government fees for trademark registration in Nepal are relatively modest, though professional and legal fees vary based on complexity, number of classes, and the level of service required.

Note: Registering your brand in multiple relevant classes of goods and services broadens your protection but increases both government and professional fees. Fees are subject to periodic revision by the government, so it's advisable to confirm current rates before filing, or let a legal professional handle this for you.

Additional Costs

Depending on the applicant's circumstances, further costs may apply, including translation of documents into Nepali or English, notarisation of Power of Attorney and supporting paperwork, a preliminary trademark search, and renewal fees once the initial seven year term expires.

What Factors Affect the Trademark Registration Price?

Several variables influence the overall brand and trademark registration cost for a given business:

• Number of classes: Each additional class of goods or services registered adds its own application, registration and publication fees.
• Local vs foreign applicants: Foreign applicants generally face higher costs due to mandatory legal representation, notarisation and document legalisation.
• Translation: Documents not already in Nepali or English require certified translation, adding to the overall cost.
• Legal complexity: Unusual marks, such as sound or shape marks, may require more detailed legal argument during examination.
• Attorney fees: Rates vary between firms and depend on the scope of service, from a simple filing through to full opposition handling.
• Opposition proceedings: If a third party files an opposition, responding with legal argument and evidence adds both time and cost to the process.

What Trademark Class Should You Choose in Nepal?

Nepal follows the international Nice Classification system, which divides all goods and services into 45 separate classes.

Choosing the correct class, or classes, is essential, since brand and trademark protection in Nepal generally applies only within the categories registered. A business offering both physical products and related services, for example a food brand that also runs restaurants, would typically need to register in more than one class to cover the full scope of its operations. Each additional class registered attracts its own separate government fee.

Who Can Apply for Brand Registration in Nepal?

Any individual, firm, company, or legal entity engaged in business activities, whether Nepali or foreign, can apply to register a trademark in Nepal, provided they have completed their company registration in Nepal and have lawful use of, or a genuine intention to use, the mark in Nepal. Foreign companies enjoy the same rights as domestic applicants once their mark is registered, and typically apply through a licensed local trademark agent or law firm handling foreign trademark registration in Nepal on their behalf.

What Can Be Registered as a Trademark in Nepal?

Nepalese trademark law allows for a broad range of marks to be registered, provided they are distinctive and capable of identifying the source of particular goods or services. This is also the scope covered under brand registration in everyday terms.

Product Names

Names given to specific products, such as a branded beverage or a piece of software, can be registered separately from the parent company name, allowing multiple layers of brand protection.

Company or Business Names

The trading name under which a business operates can be registered as a trademark, distinct from its formal company registration, giving it dedicated legal protection in the marketplace.

Logo Trademark Registration

Graphic symbols, emblems or stylised designs used to represent a business are commonly registered, since logos are often the most immediately recognisable element of a brand. This is often referred to simply as logo registration, and it covers the same intellectual property logo protections as a standard trademark filing.

Business Taglines

Distinctive slogans or taglines associated with a brand's mission or identity can also be protected, provided they are original rather than generic or descriptive.

Shapes, Colours and Packaging

Nepal's trademark system also recognises non-conventional marks, including the distinctive shape of a product, specific colour combinations, and unique packaging designs, where these genuinely distinguish the goods in the marketplace.

Sound, Pattern and Other Non-Traditional Marks

Less common but still registrable are sound marks, such as a jingle, and repeating patterns used consistently across a product line or its packaging.

Examples across these categories include:

• Word marks: a business or product name in plain text
• Logo marks: a purely graphic symbol or emblem
• Combined marks: a name and logo registered together as one unit
• Shape marks: the distinctive three-dimensional form of a product or container
• Colour marks: a specific colour or colour combination tied to a brand
• Pattern marks: a repeating visual pattern used on goods or packaging
• Sound marks: a short audio signature associated with a brand

How Do You Conduct a Trademark or Brand Registration Search Before Filing?

A thorough trademark registration search, sometimes called a brand registration search, before filing reduces the risk of rejection and wasted fees. It is a step every applicant, whether filing directly or through a lawyer, should take seriously.

1. Identify Your Mark and Class

Before searching, clearly define the exact wording, logo or slogan you intend to protect, and identify the relevant class or classes under the Nice Classification system. Trademark rights in Nepal generally apply only within the specific class of goods or services registered, so getting this step right shapes the entire search.

2. Search Official Government Registries

Begin with a "knockout" search to rule out identical or obviously conflicting marks already on file:

• In Nepal, this means searching existing applications and registrations through the Department of Industry's records, either directly or with the assistance of a trademark agent.
• In the United States, applicants planning to expand there can check the USPTO's Trademark Electronic Search System (TESS) for active, pending and abandoned federal applications.
• Globally, businesses considering international expansion can search the WIPO Global Brand Database or the European Union's TMview portal for a broader picture of existing marks.

3. Look for Variations and Similarities

Trademark conflicts are assessed on the "likelihood of confusion," not on exact matches alone. A thorough search should extend beyond identical wording to include:

• Phonetic equivalents: marks that sound alike despite different spelling
• Plurals, prefixes and suffixes: close variations built from your core keyword
• Translations: equivalent marks in other languages that could cause confusion

4. Conduct a "Common Law" Search

Because trademark rights can arise through genuine use in commerce even without formal registration, it is worth checking for unregistered use of a similar mark by reviewing:

• General search engines and online forums
• Social media platforms such as Facebook, Instagram and LinkedIn
• Domain registrars, to confirm your intended web address is available
• Local business registries and directories

5. Document and Re-evaluate

Keep a clear record of your search parameters and results, including screenshots of any potentially conflicting marks. If a similar mark exists but is used for entirely unrelated goods or services, registration may still proceed without issue. If, however, the goods or services are closely related and the marks could realistically confuse consumers, it is generally worth reconsidering the mark before committing further legal fees.

What Is the Brand Registration Process Followed by the Department of Industry?

Document Preparation and Filing

An official application must be submitted to the DOI in Kathmandu, in the prescribed format, accompanied by:

• Business Registration Certificate (Company, Firm, or Industry/Commerce Certificate)
• Tax Registration Certificate (PAN/VAT)
• Trademark label, generally four to five copies at approximately 8 by 8 centimetres
• Power of Attorney, where the applicant is represented by a lawyer or agent
• Prescribed government fees, typically around NPR 6,500 including search fees

Preliminary Examination

DOI officials review the application for legal compliance and check for conflicts with existing marks already on the register.

Publication and Opposition

Once approved, the mark is published in the Industrial Property Bulletin, opening a three month window during which third parties may formally object if they believe their rights are affected.

Registration

Where no opposition is filed within the bulletin period, the DOI proceeds to register the mark and issue an official certificate.

A few practical details are worth keeping in mind:

• Timeline. The full process generally takes 12 to 18 months from application to certificate.
• Validity. Once granted, registration is valid for seven years, and can be renewed indefinitely for further seven year periods.
• Usage requirement. Under Nepalese law, a registered trademark that is not used within one year of registration may be cancelled by the DOI, so applicants should be ready to put the mark into genuine commercial use promptly.

What Are the Post-Registration Requirements for Registered Trademarks?

Registration is not the end of the process. Owners need to actively maintain their rights to keep them enforceable.

• Renewal: Trademarks must be renewed every seven years to remain valid and protected.
• Use of trademark: The mark should be genuinely and consistently used in commerce, since prolonged non-use can lead to cancellation by the DOI.
• Monitoring infringement: Owners are responsible for keeping an eye on the market for unauthorised or confusingly similar use of their mark, since the DOI does not monitor this automatically.
• Recordal of ownership changes: Any change in ownership, business name or address associated with the trademark should be formally recorded with the DOI to keep the register accurate.
• Proper use of ®: Using the ® symbol correctly alongside the registered mark helps signal legal protection to the market and can support enforcement action if needed.
• Maintaining evidence: Keeping records of the trademark's ongoing use, such as sales figures, packaging and advertising materials, helps demonstrate genuine use if the registration is ever challenged.

What Are the Grounds for Refusal of TM Registration?

The Department of Industry can refuse a trademark or brand registration application under the Patent, Design and Trademark Act on several grounds, including where the proposed mark:

• Is similar to an existing mark, creating a likelihood of confusion with a trademark already registered or well known in Nepal
• Damages public morality, or is otherwise contrary to public order, conduct or the national interest
• Is deceptive, misleading consumers about the nature, quality or origin of the goods or services involved
• Is a generic name, such as a common term for the product category itself rather than a distinctive brand identifier
• Is purely descriptive, simply describing a feature or quality of the goods without acquiring distinctiveness through use
• Lacks distinctiveness more broadly, failing to clearly set the applicant's goods or services apart from others in the market

Applicants who receive a refusal generally have a limited window to lodge a formal appeal, supported by written argument and any additional evidence of the mark's distinctiveness or prior use.

What Rights Do You Receive After Brand Registration?

Once a trademark is successfully registered, the owner gains a defined set of legal rights recognised under Nepalese law.

• Exclusive rights: The registered owner holds the sole right to use the mark commercially in connection with the goods or services covered by the registration.
• Enforcement: Registration provides the legal foundation needed to pursue formal action, including through the courts, against anyone using an identical or confusingly similar mark without authorisation.
• Licensing: The owner can licence the brand to other businesses in exchange for royalties or other agreed terms, opening additional revenue streams.
• Assignment: A registered brand can be formally assigned, or transferred, to another party as part of a sale or restructuring of the business.
• Commercial use: The owner is free to use the ® symbol alongside the mark, signalling to the market that the brand is formally protected.
• Brand protection: Registration underpins the long-term protection of the brand identity that has been built up in the marketplace, safeguarding the investment made in building customer recognition.

When Should You Renew a Brand Registration in Nepal?

A registered brand in Nepal is valid for seven years from the date of registration. Renewal should generally be lodged well before expiry, since a lapsed trademark can be reinstated only within a limited grace period after the deadline passes, and a late renewal typically attracts an additional penalty fee.

If a trademark is not renewed within the applicable grace period, the registration is cancelled and the owner loses their legal rights over the mark entirely, meaning another party could potentially register the same or a similar mark. Renewal can be repeated indefinitely, for further seven year periods, provided the required fee is paid on time.

Can You Transfer, Assign or Sell a Registered Trademark in Nepal?

Yes, a registered trademark in Nepal is treated as a transferable business asset. Owners can:

• Assign the trademark outright to another party, transferring full ownership
• Licence the trademark to a third party for a defined period or purpose, while retaining underlying ownership
• Sell the trademark as part of a broader business sale or restructuring

In each case, it is important that the change of ownership is formally recorded with the Department of Industry. Without this recordal, the DOI's records will not reflect the new owner, which can create complications later if enforcement action or renewal becomes necessary.

Why Should Businesses Work With a Brand Lawyer?

While it is technically possible to handle a brand or trademark application without legal assistance, most businesses in Nepal choose to work with a trademark lawyer, for good reason.

• Legal advice: A lawyer can assess whether a proposed mark is likely to be accepted before any fees are paid, helping avoid wasted applications.
• Faster filing: Experienced practitioners know the DOI's documentation requirements in detail, reducing the risk of delays caused by incomplete or incorrectly prepared applications.
• Correct classification: Choosing the right Nice Classification class, or classes, requires a clear understanding of both the business and the classification system, and getting this wrong can limit the value of the registration.
• Objection handling: If the DOI raises a query or objection during examination, a lawyer can respond promptly and appropriately, keeping the application on track.
• Opposition proceedings: Should a third party formally oppose the application, legal representation becomes particularly important in presenting evidence and argument to protect the applicant's position.
• International protection: For businesses looking beyond Nepal, a lawyer familiar with cross-border intellectual property can advise on how to extend protection into other markets where the mark is used or sold.

Why Choose Sherpa Law Associates for Brand Registration in Nepal?

Experienced Intellectual Property Lawyers

Sherpa Law Associates brings deep, practical experience in Nepalese intellectual property law, guiding clients through every stage of the brand and trademark registration process with a clear understanding of how the Department of Industry operates in practice.

Complete Trademark Registration Service

From initial consultation through to the issuance of a final registration certificate, the firm manages the entire process on the client's behalf, so business owners can focus on running their business rather than navigating government procedure.

Trademark Search and Filing

Before any application is lodged, the team conducts a thorough trademark registration search to identify potential conflicts early, then prepares and files a complete, correctly classified application with the DOI.

Objection and Opposition Support

Where the DOI raises a query, or a third party files a formal opposition, Sherpa Law Associates prepares the necessary responses and represents the client's interests throughout.

Foreign Trademark Registration Assistance

For international businesses and individuals looking to protect their brand in Nepal, the firm acts as a licensed local representative, managing Power of Attorney documentation, notarisation requirements and communication with the DOI.

Trademark Renewal and Compliance

Beyond initial registration, the firm helps clients track renewal deadlines, record ownership changes, and stay compliant with post-registration requirements, protecting the value of the brand over the long term.

Protect your brand before someone else does. Contact Sherpa Law Associates today for expert legal assistance with trademark search, brand registration, and intellectual property protection in Nepal.

FAQs

Common questions for trademark registration in Nepal 

How do I search for existing trademarks?

A trademark or brand registration search in Nepal can be conducted directly through the Department of Industry's records, either in person or with the help of a licensed trademark agent, who can check for identical or similar marks already registered or pending in the relevant class.

Where Can You Register a brand in Nepal?

All brand and trademark applications in Nepal are filed with the Department of Industry, based in Tripureshwor, Kathmandu.

How Long Does Trademark Registration Take in Nepal?

Trademark and brand registration in Nepal typically takes around 12 to 14 months from the date of filing to the issuance of a final registration certificate, assuming no opposition is lodged and the application proceeds smoothly through preliminary examination and publication.

What happens if someone copies my trademark?

If your trademark is registered, you can take formal legal action against the infringing party, including through the courts, and seek remedies such as an order to stop the unauthorised use. Without registration, your legal options are considerably more limited.

Is brand registration mandatory?

Brand registration is not legally mandatory in Nepal, but it is the only way to secure formal legal protection and enforcement rights over a brand. Without registration, a business has little recourse if another party begins using a similar mark.

What types of trademarks cannot be registered?

Generic terms, purely descriptive marks without acquired distinctiveness, deceptive marks, and marks that are contrary to public morality or national interest cannot be registered in Nepal, nor can marks that conflict with an existing registered trademark.

Can Foreign Individuals or Companies Register a Trademark in Nepal?

Yes. Foreign individuals and companies can register trademarks and brands in Nepal, and are afforded the same underlying rights as domestic applicants once registration is complete. The process, however, carries a few additional requirements.

Can I use ™ or ® in Nepal?

™ may be used for unregistered marks. ® may only be used after registration.

Disclaimer: This article is published for general informational and educational purposes only and does not constitute legal advice, legal opinion, or professional consultation. The information provided should not be relied upon as a substitute for obtaining legal advice tailored to your specific circumstances. Reading this article or using this website does not create a lawyer-client relationship. The firm and its members disclaim all liability for any loss or consequences arising from reliance on the information contained herein. If you require legal advice regarding your particular matter, please consult a qualified legal professional.