Brands are among the most valuable assets a business owns, yet many companies in Nepal operate without registered trademark protection. Registration grants a statutory monopoly over the mark and provides a strong basis for enforcement against counterfeiters and copycats.
Where to file
Trademarks are registered with the Department of Industry under the Patent, Design and Trademark Act, 2022. The same office administers patents, industrial designs, and trademarks, so the system operates centrally in Kathmandu.
The registration process
The application process generally involves:
- Conducting a preliminary search to identify conflicting marks
- Filing the application with a representation of the mark and details of the applicant
- Examination by the Department of Industry
- Publication and, where no opposition succeeds, registration of the mark
Distinctiveness matters
The mark must be capable of distinguishing the applicant's goods or services. Descriptive words and common surnames are frequently rejected unless they have acquired secondary meaning through use.
Duration and renewal
A registered trademark is initially valid for a period of seven years and may be renewed for successive periods. Renewal is a relatively simple filing, but missing the deadline can result in the mark being removed from the register.
Enforcing your rights
Registered proprietors can oppose conflicting applications, demand cessation of infringing use, and pursue civil remedies or criminal action. Unregistered marks depend on passing off, which is more difficult and expensive to establish.
Our IP team assists with searches, filing, opposition, and enforcement. Explore our intellectual property practice or book a consultation.