Foreign Trademark Registration in Nepal

 

 

Foreign trademark registration in Nepal is governed by specific statutory requirements that mandate compulsory domestic filing for all international entities. Protection is not automatically extended to foreign marks, even when international registration has been secured elsewhere. This comprehensive tutorial outlines the entire process, incorporating the latest 2024 Supreme Court precedents and the December 2025 Department of Industry notice that established critical deadlines for pending applications.

For international businesses seeking market entry, understanding the nuances of trademark registration in Nepal remains essential. The process involves distinct phases, from preliminary examination to publication in the Industrial Property Bulletin, with specific documentation requirements that differ significantly from other jurisdictions. Furthermore, the recent clarification regarding deceptive similarity standards and proof-of-use mandates has fundamentally altered enforcement strategies for foreign rights holders.

Understanding Foreign Trademark Registration in Nepal

Foreign trademark registration in Nepal operates under a first-to-file system where priority is determined by domestic filing dates rather than international use. The Patent, Design and Trademark Act, 1965 (2022 BS) establishes the foundational legal structure, mandating that all foreign trademarks must be registered locally to receive statutory protection. Consequently, even well-known international marks or famous brands cannot claim automatic protection without completing the national registration process.

The Department of Industry (DOI), functioning under Nepal's Ministry of Industry, Commerce, and Supplies, serves as the exclusive authority for all trademark matters. Its Intellectual Property Section handles examination, publication, and opposition proceedings. Moreover, foreign applicants are legally required to engage licensed Nepali trademark agents, as direct filing by non-residents is not permitted under current regulations.

Nepal maintains membership in the Paris Convention for the Protection of Industrial Property, having acceded in 2001. This membership allows priority claims of up to six months from initial foreign filings. However, it is crucial to note that Nepal has not yet joined the Madrid Protocol for international trademark registration, necessitating separate national applications rather than streamlined international filings.

The Nice Classification system (11th Edition) is utilized for categorizing goods and services into 45 distinct classes. Separate applications must be submitted for each class, with individual fees assessed per classification. This structural requirement significantly impacts portfolio management strategies for multinational corporations entering the Nepalese market.

Legal Framework Governing Foreign Trademark Registration in Nepal

The statutory basis for foreign trademark registration in Nepal comprises several legislative instruments that create a complex regulatory environment. Primarily, the Patent, Design and Trademark Act, 1965 (2022 BS) provides substantive protection standards, while the Patent, Design and Trademark Rules, 2033 (1976) establish procedural mechanisms. Additionally, international obligations arise from Nepal's World Trade Organization membership and TRIPS Agreement commitments.

Section 21A of the Patent, Design and Trademark Act explicitly mandates that foreign trademarks cannot receive protection in Nepal unless officially registered with the DOI. This provision overrides any claims based on foreign registrations or international recognition. Furthermore, Section 18(1) enumerates specific grounds for refusal, including conflicts with existing registrations, damage to goodwill or reputation, adverse effects on public morality, and undermining of national interests.

The Supreme Court of Nepal issued a landmark decision in August 2024 in Perfetti Van Melle S.P.A. versus Perfect Foods Private Limited, fundamentally altering enforcement standards. This ruling established that administrative approval by the DOI no longer provides absolute immunity against cancellation proceedings. The Court recognized "passing off" concepts and deceptive similarity standards aligned with WIPO guidelines, emphasizing holistic commercial impression over literal name availability. Consequently, marks composed of common words combined in distinctive arrangements now receive heightened protection.

Section 18C prescribes that trademarks must be brought into use within one year from registration, with failure to use exposing marks to cancellation. Although enforcement of this provision was temporarily suspended in 2024 due to administrative disruptions, subsequent notices have reinforced compliance obligations. The December 2025 DOI notice further mandated that applications pending over seven years due to incomplete documentation must be regularized by February 28, 2026, or face automatic withdrawal.

Step-by-Step Process for Foreign Trademark Registration in Nepal

The procedural framework for foreign trademark registration in Nepal involves four primary phases, each requiring specific actions and documentation. Understanding these sequential steps enables foreign entities to navigate the process efficiently while avoiding common procedural pitfalls that result in application abandonment.

Initially, a comprehensive trademark search is conducted to identify conflicting marks within the DOI database. While not legally mandatory, this search is strongly recommended to assess registration likelihood and prevent costly opposition proceedings. Only verbal elements are searchable; figurative or logo searches remain unavailable through official channels. Professional trademark agents typically coordinate these searches within fifteen working days.

Subsequently, the formal application is prepared and submitted to the DOI in Tripureshwor, Kathmandu. The application must include the prescribed form (Schedule 1C), four color-printed copies of the trademark label measuring 8x8 centimeters, and a notarized Power of Attorney executed by the applicant. Foreign entities must additionally submit certified copies of their home country registration certificates, authenticated by Notary Public and accompanied by English translations where necessary. The application fee of NPR 1,000 per class is paid at submission.

Following submission, formal and substantive examinations are conducted by DOI examiners. The formal examination verifies compliance with filing requirements and classification accuracy, typically completed within four to eight weeks. The substantive examination evaluates distinctiveness, potential deceptiveness, and conflicts with prior registrations. For foreign trademarks, examination may be expedited when valid home registration certificates are provided, as these establish prima facie validity. Office actions requiring response are issued when objections arise, with applicants granted specific periods for amendment or argument submission.

Upon examination acceptance, the trademark is published in the Industrial Property Bulletin. Publication occurs quarterly, with marks advertised to invite public opposition. A ninety-day opposition window commences from the publication date, during which third parties may file objections on grounds of prior rights, bad faith, or non-compliance. Opposition fees of NPR 1,000 are assessed per proceeding. Where no opposition is filed, or where opposition is resolved favorably, the registration fee of NPR 5,000 is paid and the certificate issued.

Phase	Timeline	Key Actions	Fees (NPR)
Pre-filing Search	15 working days	Database verification for conflicts	Variable
Application Filing	Day 1	Form submission, document authentication	1,000 per class
Formal Examination	4-8 weeks	Compliance and classification review	None
Substantive Examination	12-16 weeks	Distinctiveness and conflict analysis	None
Publication	Quarterly	Bulletin release, public notification	None
Opposition Period	90 days	Third-party objection window	1,000 if opposed
Registration	4-8 weeks post-opposition	Certificate issuance	5,000

Madrid Protocol Nepal Status and International Implications

A critical aspect of foreign trademark registration in Nepal involves understanding the country's relationship with international registration systems. Despite frequent misconceptions, Nepal has not acceded to the Madrid Agreement or Madrid Protocol as of January 2026. Consequently, international trademark applications filed through the WIPO Madrid System cannot designate Nepal for protection. This status necessitates separate national filings for all foreign entities seeking trademark protection in the Nepalese market.

The Nepal Trade Integration Strategy 2023 explicitly acknowledges this gap, listing Madrid Treaty ratification as a key action item for intellectual property modernization. Estimated implementation costs of NPR 3 million have been allocated for treaty ratification and corresponding legislative amendments. However, concrete accession timelines remain unspecified, with WIPO officials indicating Nepal among priority countries for future Madrid System expansion.

For foreign trademark owners, this non-membership imposes specific strategic considerations. Separate budget allocations must be maintained for Nepalese national registrations, distinct from international Madrid portfolios. Local representation through licensed Nepali agents is mandatory, increasing administrative complexity compared to Madrid System procedures. Furthermore, priority claims under the Paris Convention remain the exclusive mechanism for securing earlier filing dates, with six-month windows applicable for trademark applications.

The absence of Madrid Protocol membership paradoxically creates ranking opportunities for content addressing this specific gap. Many international resources incorrectly assume Madrid applicability or fail to update status changes. Consequently, accurate information regarding direct filing requirements and national procedure nuances proves highly valuable for foreign applicants navigating this jurisdiction.

2024-2025 Legal Updates Impacting Foreign Trademark Registration in Nepal

Recent jurisprudential and administrative developments have substantially modified the landscape for foreign trademark registration in Nepal, necessitating immediate attention from rights holders and applicants. These changes affect examination standards, portfolio maintenance, and enforcement strategies in significant ways.

The Supreme Court's August 2024 ruling in Perfetti Van Melle S.P.A. versus Perfect Foods Private Limited established that trademark protection must be evaluated based on holistic commercial impression rather than isolated word analysis. The Court rejected arguments that common words like "Center" or "Fruit" deserved limited protection, holding that combined marks create arbitrary, protectable intellectual property. This precedent strengthens protection for foreign brands utilizing descriptive elements in distinctive configurations while increasing liability risks for lookalike products. Furthermore, the decision clarified that DOI registration certificates do not provide absolute immunity against cancellation for deceptive similarity.

Administratively, the Department of Industry issued a critical notice on December 1, 2025, establishing mandatory deadlines affecting numerous pending applications. Applications pending over seven years due to incomplete documentation must be regularized by February 28, 2026, or face automatic withdrawal. Additionally, trademarks published in the Industrial Property Bulletin before December 1, 2025, must complete registration formalities by May 31, 2026, regardless of opposition status. These deadlines create urgency for applicants with legacy filings, many of whom may be unaware of these new requirements following the DOI's file reconstruction efforts.

The Draft Copyright Act, 2024 proposes establishment of an Intellectual Property Police unit and specialized IP benches within the judiciary. These proposals aim to address enforcement gaps currently plaguing foreign rights holders. While legislative passage remains pending, the draft indicates governmental prioritization of IP protection enhancement. Foreign entities should monitor these developments closely, as implementation would significantly alter infringement investigation and dispute resolution procedures.

Regarding proof of use, Section 18C mandates trademark utilization within one year of registration, with non-use exposing marks to cancellation. Although initially suspended due to civil unrest and file damage, recent notices indicate renewed enforcement intent. Consequently, foreign registrants must maintain evidence of use, including invoices, packaging materials, and promotional documentation, to defend against non-use cancellation actions.

Costs and Fees for Foreign Trademark Registration in Nepal

Financial planning for foreign trademark registration in Nepal requires understanding both official government fees and professional service charges. The fee structure operates on a per-class basis, with separate assessments for application and registration phases.

Official fees assessed by the Department of Industry include NPR 1,000 per class for application processing and NPR 5,000 per trademark for registration certificate issuance. Renewal fees of NPR 3,500 are assessed every seven years, with late renewal penalties of NPR 1,000 applicable within six-month grace periods. Opposition proceedings incur NPR 1,000 fees, while amendments and transfers are assessed at NPR 500 and NPR 2,000 respectively.

Professional fees for licensed trademark agents typically range between NPR 15,000 and NPR 50,000 per application, varying by complexity and service scope. Additional costs may include notarization fees for foreign documents, translation services for non-English certificates, and evidence preparation for use documentation. Courier and communication expenses should also be budgeted, given the absence of electronic filing systems.

For budget estimation, a single-class foreign trademark registration typically requires total investment between USD 390 and USD 940, inclusive of professional services. Multi-class portfolios multiply these costs proportionally, as Nepal does not allow single-application multi-class filings despite recognizing all 45 Nice classes.

Fee Category	Amount (NPR)	Approximate (USD)	Notes
Application Fee	1,000 per class	$7.50	Mandatory at filing
Registration Fee	5,000 per mark	$37.50	Due after examination
Renewal Fee	3,500 per mark	$26.25	Every 7 years
Late Renewal Penalty	1,000	$7.50	Within 6-month grace period
Opposition Fee	1,000	$7.50	Per opposition proceeding
Amendment Fee	500	$3.75	Per alteration
Transfer Fee	2,000	$15.00	For assignment recording

Document Checklist for Foreign Trademark Registration in Nepal

Comprehensive documentation is essential for successful foreign trademark registration in Nepal. The Department of Industry requires specific authenticated documents that vary based on applicant type and priority claims. All foreign documents must be notarized and legalized, with English translations certified where original languages differ.

Primary requirements include the completed application form (Schedule 1C), four color-printed trademark labels (8x8 cm), and a notarized Power of Attorney. The Power of Attorney must be signed by the applicant, sealed with the company stamp, and witnessed by two individuals. Where company seals are unavailable, notarization becomes mandatory.

Foreign entities must submit certified copies of their home country or foreign registration certificates, authenticated by Notary Public. These certificates must correspond exactly to the Nepalese application regarding mark, applicant name, class, and goods/services specifications. For applicants claiming Paris Convention priority, certified priority documents and verified English translations must accompany initial filings or subsequent submissions.

Corporate applicants should additionally provide Board Resolutions authorizing trademark filings, company registration certificates, and Memorandum and Articles of Association. Tax registration certificates are required for local subsidiaries, while foreign parents must submit equivalent home jurisdiction documentation. Individual applicants must provide citizenship certificates or passport copies, though foreign individuals rarely file directly without corporate structures.

Evidence of use, while not required for initial filing, should be prepared given recent enforcement trends. Such evidence includes invoices, import documentation, product photographs, packaging samples, and advertising materials demonstrating Nepalese market presence. Screenshots of online use visible in Nepal are additionally acceptable as proof of use documentation.

 

Document	Quantity	Notarization	Notes
Application Form	1 original	No	Schedule 1C completion
Trademark Label	4 color copies	No	8x8 cm dimensions
Power of Attorney	1 original	Yes	Signed, sealed, 2 witnesses
Home Registration Certificate	1 certified copy	Yes	Must match application details
Board Resolution	1 copy	Yes	For corporate applicants
Priority Document	1 certified copy	Yes	If claiming Paris Convention priority
English Translation	1 certified	Yes	For non-English documents

Opposition and Enforcement Procedures

The opposition mechanism for foreign trademark registration in Nepal provides third parties with ninety-day windows to challenge pending applications following Industrial Property Bulletin publication. Opposition petitions must be filed with the DOI, accompanied by NPR 1,000 fees and detailed statements of grounds. Common opposition bases include prior conflicting registrations, bad faith filings, and non-compliance with statutory requirements.

Upon opposition filing, applicants receive notifications and must submit counter-statements within prescribed periods. Evidence is exchanged between parties, with DOI examiners conducting hearings where disputes cannot be resolved through written submissions. Opposition proceedings significantly extend registration timelines, often adding twelve to eighteen months to standard processing.

For enforcement, registered trademark owners may initiate civil actions before District Courts under Section 66 of the Patent, Design and Trademark Act. Available remedies include permanent injunctions, damage awards, accounting of profits, and delivery-up orders for infringing goods. Criminal prosecution remains possible under Section 68, with penalties including fines up to NPR 100,000 and imprisonment up to one year for serious violations.

The 2024 Supreme Court decision strengthened enforcement capabilities by recognizing passing-off actions and deceptive similarity standards. Foreign rights holders may now challenge lookalike products and trade dress infringements even where literal trademark duplication is absent. This jurisprudential development aligns Nepalese enforcement with international standards, though practical enforcement challenges persist due to resource limitations within judicial and administrative bodies.

Common Questions

Is the Madrid Protocol available for foreign trademark registration in Nepal?
No, the Madrid Protocol is not currently valid in Nepal. International applications through the WIPO Madrid System cannot designate Nepal. Separate national applications must be filed directly with the Department of Industry through licensed Nepali agents.

How long does foreign trademark registration in Nepal take?
The process typically requires six to nine months for uncontested applications. Complex examinations or opposition proceedings extend timelines to twelve or eighteen months. Recent file reconstruction efforts at the DOI may cause additional delays.

What is the validity period for registered trademarks in Nepal?
Registration remains valid for seven years from the registration date. Indefinite renewals are permitted for successive seven-year periods upon payment of NPR 3,500 renewal fees. Late renewal is permitted within six-month grace periods with NPR 1,000 penalties.

Can foreign entities file trademark applications without Nepali agents?
No, foreign applicants must appoint licensed Nepali trademark agents. Direct filing by non-residents is not permitted. Powers of Attorney must be executed in favor of local representatives.

What documents are mandatory for foreign trademark registration in Nepal?
Required documents include notarized Power of Attorney, certified home country registration certificates, four trademark label copies, and completed application forms. Corporate applicants must additionally submit Board Resolutions and company registration certificates.

Does Nepal recognize well-known foreign trademarks without registration?
Despite Paris Convention membership, Nepal's Patent, Design and Trademark Act does not explicitly protect well-known marks without registration. Foreign well-known trademarks must complete domestic registration to receive statutory protection.

What are the new deadlines for pending trademark applications in Nepal?
The December 2025 DOI notice establishes that applications pending over seven years must be regularized by February 28, 2026. Trademarks published before December 1, 2025, must complete registration by May 31, 2026.

Is proof of use required for trademark maintenance in Nepal?
Section 18C requires trademark use within one year of registration. Non-use exposes marks to cancellation. Although temporarily suspended, enforcement has resumed, requiring maintenance of usage evidence including invoices and promotional materials.

How are trademark classes determined in Nepal?
Nepal utilizes the Nice Classification system (11th Edition), recognizing forty-five classes (1-34 for goods, 35-45 for services). Separate applications and fees are required for each class, as multi-class single applications are not permitted.

What recent legal changes affect foreign trademark owners in Nepal?
The August 2024 Supreme Court ruling established deceptive similarity standards and passing-off recognition. Additionally, proposed IP Police forces under the Draft Copyright Act 2024 promise enhanced enforcement mechanisms.

Conclusion and Next Steps

Successful foreign trademark registration in Nepal requires careful navigation of national procedures distinct from international systems. With Madrid Protocol membership pending and recent judicial developments strengthening protection standards, foreign entities must prioritize immediate filing to secure rights within this first-to-file jurisdiction. The February 2026 and May 2026 deadlines for pending applications create particular urgency for legacy filings.

For comprehensive protection, engagement of experienced Nepali trademark agents is recommended to manage documentation requirements and respond to examination objections. Furthermore, maintenance of detailed usage evidence has become essential given renewed enforcement of use requirements. Foreign businesses should additionally monitor legislative developments regarding IP Police establishment and specialized judicial benches.

To initiate registration or regularize pending applications before impending deadlines, contact a licensed trademark agent in Kathmandu immediately. Protecting intellectual property in Nepal represents a critical investment for market entry and long-term commercial success in this growing economy.

References

For additional verification of statutory requirements and treaty obligations, consult these authoritative sources:

• WIPO Nepal Country Profile – Official World Intellectual Property Organization country information detailing treaty memberships and legislative frameworks governing foreign trademark registration in Nepal.
• Nepal Department of Industry – The primary governmental authority administering trademark registrations, providing official forms and fee schedules for foreign trademark registration in Nepal.
• WIPO Madrid System Members – Current list of Madrid Protocol member states confirming Nepal's non-member status and inability to receive international registrations through the Madrid System.
• Nepal Trade Integration Strategy 2023 – Government document outlining plans for Madrid Treaty ratification and intellectual property modernization initiatives affecting foreign trademark registration in Nepal.
• Paris Convention for Industrial Property – Treaty text establishing priority rights utilized by foreign applicants when filing trademark applications in Nepal within six-month windows.
• Supreme Court of Nepal Decisions – Official repository of judicial precedents including the August 2024 Perfetti Van Melle decision affecting trademark enforcement standards.
• International Property Rights Index – Nepal – Comparative analysis of Nepal's intellectual property protection standards and enforcement mechanisms.
• WIPO Intellectual Property Handbook – Comprehensive guidance on international trademark principles and comparative national procedures.
• Nepal Investment Board – Government agency providing business registration information complementary to trademark protection strategies.
• United Nations Treaty Collection – Official repository of Nepal's treaty obligations and ratification status for international intellectual property agreements.

Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Trademark laws and administrative procedures are subject to frequent modification. Consultation with licensed Nepali legal professionals is strongly recommended before filing applications or making strategic decisions regarding foreign trademark registration in Nepal.

Call to Action: Secure your brand's future in Nepal today. Contact our experienced trademark attorneys for immediate assistance with filing, opposition proceedings, or portfolio management before the February 28, 2026 deadline affects your pending applications.