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Apex Law Chamber
Kathmandu, Nepal (NP)

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Nepal (NP)

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The law relating to trademarks of Nepal is governed by the Patent, Design and Trademark Act 1965.
Trademark protection is obtained by registration. Nepal follows the first-to-file principle and non-registered Trademarks are not protected by law. Even famous/well-known Trademark need to be registered for protection.
Nice classification, 9th edition. However, for foreign trademarks, a certified copy of the foreign registration certificate is required for registration in Nepal. Hence, foreign marks are registered in Nepal as per foreign registration certificate provided by the mark owner.
Registrable as trademarks are all distinctive words, symbols, pictures or a combination thereof.
The following trademark types are registrable: trade marks and service marks. Collective marks registered under the Nice classification in a foreign country can also be registrable.
The application is filed at the Department of Industry.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A power of attorney is necessary, but it does not have to be notarised.
Foreign applicants need a domestic registration to register a trademark in Nepal. In this case, a notarised copy of any foreign registration certificate and an address for service in Nepal must be submitted with the application. If the certificate has been issued in a language other than English (for example in Chinese or French language) it should be accompanied by English translation certified by Notary Public.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration is approx. 5 months. The first office action is taken after approx. 1 month.
After examination, the trademark application is published in the official Industrial Property Bulletin for opposition claims.
The Registry publishes marks every 2 or 3 months.
National:
The opposition period is 90 days from the date of publication in the official bulletin.
A trademark registration is valid for 7 years from the date of registration. The registration is renewable for periods of 7 years each.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
According to the IP act, a trademark is vulnerable to cancellation upon request of any interested party, if it has not been used for a period of one year after its registration. However, in practice there is no prior case for a non-used trademark cancelled on this basis. Most of the foreign trademarks are not in use in Nepal but they are protected and continually renewed. The Department of Industry has not established any proper mechanism to varify use and non-use. Therefore, it can currently be said that use is not required in Nepal.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is NPR 1,000 for one class. The registration fee is NPR 5,000.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 300,00 € 250,00 € 
Word Mark Search (identical) 250,00 € 250,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
12-19-2016
Apex Law Chamber, Kathmandu, Nepal  

10-05-2015
Apex Law Chamber, Kathmandu, Nepal  

11-28-2014
Apex Law Chamber, Kathmandu, Nepal  

07-29-2013
Apex Law Chamber, Kathmandu, Nepal  

08-02-2012
Apex Law Chamber, Kathmandu, Nepal  

01-09-2012
Apex Law Chamber, Kathmandu, Nepal  



Apex Law Chamber



Ram Chandra Subedi

Ram Chandra Subedi
Kalimati, P.O. Box 24668
4600 Kathmandu
Nepal (NP)
Tel + 977 1 428 6252
Fax + 977 1 427 1346
apexlaw@wlink.com.np
www.apexlaw.com.np

Apex Law Chamber® is full-service Intellectual Property firm, providing professional advice and services in relation to all matters of Intellectual Property, including Patents, Trade Marks, Design, and Trade Secret & Copyright. We provide clients and associates with professional and cost effective services related to the filing, prosecution, registration, protection and enforcement of IP.

Client driven. Located in Kathmandu, Nepal.

The Law Firm is awarded as the "Intellectual Property Law, Firm of the Year" in Nepal by Corporate INTL Global Awards 2012.

Department of Industries
Tripureshwor,
Kathmandu,
Nepal
Tel +977 1 426 1101
Fax +977 1 426 1112
Mail info@doi.com.np
www.ip.np.wipo.net
Alternative phone no. : 977-1-4261168, -4261169, -4261203

Official bulletin is published on www.doind.gov.np