If you’re planning to protect your brand in Nepal, it’s essential to understand the trademark registration process in Nepal. Registering a trademark gives you exclusive rights over your brand’s name, logo, slogan, or symbol, ensuring that others can’t use similar marksThis article will walk you through each step of the trademark registration process in Nepal, from the importance of trademarks to the application process and beyond.
Table of Contents
Introduction
Trademark registration is the legal process of protecting the unique names, logos, slogans, or symbols that represent your products or services. In Nepal, the Department of Industry (DOI) under the Ministry of Industry is responsible for handling trademark registrations.
Why Trademarks Matter
Businesses need trademarks to differentiate their goods from those of rivals, develop brand awareness, and foster client trust. By registering your trademark, you gain the power to take legal action against unauthorized use or safeguard your brand’s reputation and preventing counterfeit products from entering the market.
Who Can Register?
Anyone, including individuals, partnerships, companies, or legal entities, can apply for trademark registration in Nepal. As long as your mark is distinctive, not misleading, and doesn’t resemble existing registered trademarks, you are eligible to apply.
Types of Trademarks
TM-The TM symbol is usually used when a trademark is not officially registered yet, but it’s being claimed as a unique symbol for the company’s brand. This symbol is used during registration. This symbol is used by entities selling goods under a given name.
SM – “SM” stands for “service mark.” It’s like a trademark but for services instead. When you see the SM symbol, it means a word, logo, or slogan is being used to show that it’s a service mark, representing the brand identity of the company’s services. Basically, it’s claiming that the service mark is unique to the company’s services, even if it’s not officially registered yet.
® – The “®” symbol means the trademark is registered and legally protected. It shows that the trademark has been officially registered with the right office and has special rights. Basically, it’s used to claim ownership and stop others from using or copying the trademark without permission.
Procedures for trademark registration in Nepal
Step 1: Checking for Existing Trademarks
Before applying for a trademark, it’s important to conduct a thorough search to ensure that your chosen mark isn’t already registered or pending registration. The DOI provides an online trademark database where you can search for existing marks and avoid potential conflicts.
Step 2:-Filing the Application
Once you’ve completed the trademark search, it’s time to file your application with the DOI. The application should include your personal information, a representation of your mark, a classification of goods/services, and the required fees. The DOI accepts both online and physical applications.
Step 3:- Review and Publication of trademark in the Industrial Property Bulletin (IP Bulletin)
Upon receiving your application, the DOI will review it for compliance with the necessary requirements. If there are no objections or deficiencies, your mark will be published in the Official Gazette for public scrutiny. During this time, interested parties can file oppositions if they believe your mark shouldn’t be registered.
Step 4:- Opposing Trademark Applications
During the opposition period, which typically lasts for 90 days, third parties can raise objections to the registration of your trademark. If an opposition is filed, both parties will have the opportunity to present their arguments, and the DOI will make a decision based on the evidence and legal provisions.
Step 5:- Getting Your Trademark Registered
If no oppositions are filed or the opposition is resolved in your favor, the DOI will proceed with the registration process. Once your trademark is registered, you will receive a certificate of registration, granting you legal protection and exclusive rights to use the mark for the specified goods or services.
Document required for Trademark registration In Nepal
| S.N. | Documents | Number of Copies |
| 1. | An application in the prescribed format | 1 |
| 2. | Bill of the sum paid for the registration of a trademark. ( Rs.1000) | 1 |
| 3. | Bill of the sum paid for the registration of a trademark. ( Rs.1000) | 1 |
| 4. | Company’s owner(s) citizenship | 1 |
| 5. | 4 copies of the trademark photo that is to be registered | 1 |
| 6. | Copy of power of attorney | 1 |
| 7. | AOA Photocopy | 1 |
| 8. | MOA Photocopy | 1 |
| 9. | Company Certificate | 1 |
| 10. | Tax clearance certificate of the applicant | 1 |
| 11. | Company Stamp | 1 |
| 12. | Gharelu registered certificate if required | 1 |
Renewing Your Trademark
In Nepal, trademarks are initially registered for a period of seven years. To maintain the registration, Within 35 days after the expiration date, the trademark must be renewed. If you don’t renew it in time, you can do so by paying a fine of Rs 1,000 within six months of the expiration of the specified 35-day term. The registration will be automatically canceled by DOI if you don’t renew the trademark within the allotted term.
Grounds of refusal Of Trademark
When we apply for trademark registration in Nepal, there’s a chance it might get rejected by the trademark office. These rejections, known as grounds of refusal, happen for various reasons. Let’s take a look at some common grounds for refusal:
- Similarity to existing trademarks: If your proposed trademark is too similar to an already registered trademark, especially in the same industry, it can lead to confusion among consumers. To avoid this, the trademark office may refuse your application.
- Deceptive or misleading trademarks: If your trademark has the potential to deceive or mislead consumers about the nature, quality, or origin of your goods or services, it may face refusal. The goal is to ensure transparency and fairness in the marketplace.
- Offensive or immoral trademarks: Trademarks that contain offensive, immoral, or scandalous content won’t get a green light. The trademark office aims to maintain social standards and prevent public offense.
- Contrary to public order or morality: Trademarks that go against public order, morality, or public interest can be rejected. This includes trademarks promoting violence, discrimination, or illegal activities.
- Descriptive or generic terms: If your trademark consists of commonly used descriptive terms or generic terms related to your goods or services, it might not be considered distinctive enough for registration.
- Geographical indications: If your trademark falsely suggests a specific geographical origin or misleads consumers about where your product is made, it could be refused.
- Functional trademarks: Trademarks that solely consist of functional features or shapes that are necessary for the product’s use or purpose may face refusal. The focus is on protecting innovations and encouraging competition.
Protecting Your Trademark
After obtaining trademark registration, it’s crucial to monitor and enforce your rights. In case of any infringement or unauthorized use of your mark, you can take legal action against the infringing party. Timely enforcement helps preserve the exclusivity and reputation associated with your trademark.
Cost of Trademark Registration in Nepal
| S.N. | Services | Cost |
| 1. | Application for registration | NPR. 1000/- |
| 2. | Registration fee (for certificate) | NPR. 5000/- |
Classes of trademark
| CLASSES | OBJECTIVES |
| Class 1 | This class includes chemicals used in agriculture, horticulture, forestry, science, engineering, and other fields; unprocessed artificial resins; unprocessed plastics; manures; tempering and soldering preparations; chemicals for food preservation; tanning agents; and industrial adhesives. |
| Class 2 | This class For painters, decorators, printers, and artists, there are paints, varnishes, lacquers, preservatives against rust and against the deterioration of wood, colorants, mordents, raw natural resins, and metals in foil and powder form. |
| Class 3 | This class includes Laundry bleaching solutions and other laundry-related products; cleaning, polishing, scouring, and abrasive solutions; soaps; cosmetics, hair lotions, essential oils; and dentifrices. |
| Class 4 | This class includes Candles and wicks for illumination, industrial oils and greases, lubricants, dust-absorbing, wetting, and _ binding compounds, fuels (including motor spirit), and illuminants. |
| Class 5 | This class includes Pharmaceutical and veterinary products; sanitary products for medical use; dietetic products modified for medical use; baby food; plasters, dressing materials; dental wax; disinfectants; vermin-eradication products; fungicides; and herbicides. |
| Class 6 | Includes Common metals and their alloys, transportable metal buildings, materials for railroad tracks, non-electric cables and wires made of common metal, ironmongery, small metal hardware items, pipes and tubes made of metal, safes, common metal products not listed in other classes, and ores. |
| Class 7 | This class includes Egg incubators; machines and machine tools; motors and engines (apart from those used in land vehicles); coupling and transmission parts for machines (except from those used in land vehicles). |
| Class 8 | This class includes Cutlery, sidearm, razors, and hand-operated equipment and accessories. |
| Class 9 | This class includes Equipment for recording, transmitting, or reproducing sound or images; magnetic data carriers; recording discs; automatic vending machines; mechanisms for coin-operated devices; scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving, and educational apparatus and instruments. |
| Class 10 | This class includes orthopedic products, suture materials, artificial limbs, eyes, and teeth, as well as medical, dental, and veterinary equipment and instruments. |
| Class 11 | This class includes equipment for providing light, heat, steam, cooking, cooling, drying, ventilation, water supply, and sanitary needs. |
| Class 12 | This class includes vehicles; equipment for land, air, or marine travel. |
| Class 13 | This class includes Fireworks, explosions, projectiles and ammunition, and firearms. |
| Class 14 | This class includes Jewelry, precious stones, horological and chronometric equipment, as well as precious metals, their alloys, and objects in precious metals or coated with them that are not included in other classifications. |
| Class 15 | This class includes Musical instruments. |
| Class 16 | This class includes Egg incubators; machines and machine tools; motors and engines (apart from those used in land vehicles); coupling and transmission parts for machines (except those used in land vehicles). |
| Class 17 | This class includes Rubber, gutta-percha, gum, asbestos, mica, and products manufactured from these materials that are not included in other classifications; extruded polymers used to make packing, stopping, and insulating materials; flexible pipes constructed out of materials other than metal. |
| Class 18 | This class includes The following items that are not included in any other classes: paper, cardboard, and products made from these materials; printed matter; bookbinding supplies; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paintbrushes; typewriters and office necessities (aside from furniture); instructional and teaching materials (aside from apparatus); plastic packaging materials (apart from those in other classes); printers type; printing blocks. |
| Class 19 | This class includes Non-metallic building supplies, non-metallic rigid pipes for construction, asphalt, pitch, and bitumen, non-metallic transportable structures, and non-metallic monuments. |
| Class 20 | This class includes Furniture, mirrors, picture frames, items made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all these materials, or items made of plastics are all examples of things that are not included in other classifications. |
| Class 21 | This class includes Combs, sponges, brushes (aside from paint brushes), materials for making brushes, cleaning supplies, steel wool, unworked or semi-worked glass (aside from glass used in buildings), glassware, porcelain, and earthenware not included in other classes. Household or kitchen utensils and containers that are not made of precious metal or coated with it. |
| Class 22 | This class includes Raw fibrous textile materials; ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, and bags (not included in other classifications); padding and stuffing materials (other than rubber or plastics). |
| Class 23 | This class includes Threads and yarns for use in textiles. |
| Class 24 | This class includes bed and table covers; textiles and textile products not included in other groups. |
| Class 25 | This class includes Clothing, footwear, headgear. |
| Class 26 | This class includes Clothing, footwear, and headgear. |
| Class 27 | This class includes Linoleum and other materials for covering existing floors; non-textile wall hangings; carpets, rugs, mats, and matting. |
| Class 28 | Includes toys and games, specialized gymnastic and sporting equipment, and Christmas tree ornaments. |
| Class 29 | Includes meat, fish, poultry, and game as well as meat extracts, cooked, dried, and preserved fruits and vegetables as well as jellies, jams, and compotes. It also includes eggs, milk, and milk derivatives as well as edible oils and fats. |
| Class 30 | Includes ice, honey, treacle, yeast, baking powder, salt, mustard, vinegar, sauces (condiments), rice, tapioca, sago, sugar, coffee, tea, cocoa, sugar, and artificial coffee. It also includes flour and preparations produced from cereals, bread, pastries, and confections. |
| Class 31 | Includes non-classified agricultural, horticultural, and forestry products and grains, as well as live animals, fresh fruits and vegetables, seeds, natural plants, and flowers, as well as malt. |
| Class 32 | This class includes Clothing, footwear, and headgear. |
| class 33 | Alcoholic beverages (apart from beers) |
| Class 34 | Tobacco, smoking-related items, and matches. |
| Class 35 | Office duties, business management, and business administration. |
| Class 36 | Insurance, money, finance, and real estate matters. |
| class 37 | Building construction, repair, and installation services fall under this class |
| class 38 | Telecommunications is in this class |
| Class 39 | Includes transportation, packaging, and travel arrangements. |
| Class 40 | Material processing. |
| Class 41 | Includes instruction, entertainment, sports, and cultural events |
| Class 42 | Beers aerated and mineral waters, other non-alcoholic beverages, fruit drinks, fruit juices, and syrups are all included in this class. |
| Class 43 | Food and beverage delivery services; short-term lodging. |
| Class 44 | Legal services, industrial analysis, and research services, design and development of computer hardware and software, scientific and technological services, and research and design connected thereto. |
| Class 45 | Personal and social services provided by others to address individual requirements; security services to safeguard people and property. |
Frequently Asked Questions (FAQs)
- The Big Question: Can You Sell Trademarks in Nepal?
Absolutely, my friend! When it comes to selling your trademark, the answer is a resounding “yes”! You can totally sell your registered trademark in Nepal. Just like any other valuable asset, trademarks can be bought and sold, It opens up thrilling opportunities for business owners who want to explore new areas or maximize their brand’s success. It’s like discovering a treasure chest full of chances.
2. How long does the trademark registration process take in Nepal?
The registration process typically takes around 12-18 months, considering the examination, publication, and opposition stages.
3. What happens if my trademark application is rejected?
If the DOI rejects your application, you can file an appeal with the Intellectual Property Appellate Board (IPAB) within the specified period.
4. Can I use the ™ symbol before my trademark is registered?
Yes, you can use the ™ symbol to indicate your claim of ownership, even if your trademark is not yet registered.
5. How to register Company in Nepal?
https://taxservicesnepal.com.np/company-registration-process-in-nepal/
6. How to register a Business in Wada?
Travel, Tourism, and Trekking License Process in Nepal
Conclusion
Trademark registration in Nepal is an important step to protect your brand and secure exclusive rights. By following the outlined process, you can ensure that your trademark receives legal recognition and remains safe from unauthorized use.