Trademark Registration Process in Nepal | WIPS Law Associates
The term trademark refers to the symbol, name, or any other thing which gives identity to one's invention or product and distinguishes it from other similar products of its kind from a different manufacturer.
Trademark is represented by the following symbols ®, ™.
Trademark prevents others from using one’s product or service without their authorization. However, a trademark can be bought and sold with the owner's consent. Trademarks are territorial.
The process of registering a trademark takes about 12- 15 months to complete.
A trademark is valid for 7 years from the date of registration and should be renewed thereafter.
If the trademark is not in use for more than a year after registration, it shall be terminated.
1. For registering a trademark in Nepal the applicant needs to submit a form at the Ministry of Industries. The following are the requirements:
-Application for trademark registration.
-Bill of the sum paid for registration.
-4 copies of the trademark to be registered.
-Company registration documents and VAT/PAN number of the company willing to register.
-Details of the applicant(Status, address of the applicant or company applying for trademark)
-Tax clearance certificate of the applicant.
-1 copy of power of attorney.
2. Once the application is submitted the Department of industries (DOI) checks if the proposed trademark is already registered or not, and whether or not the submitted documents meet all the laws.
3. After the document check, the trademark registration is carried out and the result is published in the “IP bulletin” every 3 months.
4. One can file a petition against the trademark within 90 days of publication in the “IP bulletin”.
(Registration process takes about 12- 15 months to complete)
The overall cost for filling application and registering is Rs.6000.
(Rs.1000 for the application and Rs.5000 for registration)
Registering a foreign trademark involves the same process as registering a local Trademark. The only difference is, a home/foreign registration certificate has to be submitted. The registration fee is also the same as for local trademark registration.