Registering for a trademark in Nepal is generally not an overly complicated process. Trademark examiners will need to approve your trademark application based on a number of criteria. The process does take time (typically 12–36 months in Nepal), and, if it is not done correctly, you may have to start over again. Obviously, losing 12 months or more fast-paced economy can mean the difference between success and failure of your business. By working with an experienced trademark attorney, you can maximize your chances of successfully obtaining a trademark in a timely manner. We at BizSewa provide unmatched service regarding trademark and other intellectual property registration.
™: For an unregistered trademark, that is, a mark used to promote or brand goods (you can use this with your name if your trademark is still in application process)
®: For a registered trademark (you can use this mark in your name after completing the registration process)
Step-by-step procedure of Trademark registration in Nepal
Here is the detailed procedure for registering Trademark in Nepal.
Step 1: Submission of an application
You need to submit an application in a prescribed format for registration of a trademark to the Department of Industry, Nepal, along with all required documents. (Company/Industry Registration papers, PAN certificate, citizenship and sealed application form). You need to pay Rs. 1000 as rajaswa per trademark.
Step 2: Preliminary examination of the application by the DOI
After you submit the application and documents, these are then examined by the registrar with regard to the uniqueness, possibility of deceptiveness and conflicting trademarks. The registrar may accept or refuse the application subject to the provisions of the act.
Step 3: Publication of trademark in the Industrial Property Bulletin (IP Bulletin)
After conducting a preliminary examination, if the DOI finds the trademark consistent with the law, such a trademark will be published in an IP Bulletin.
DOI published processing Trademarks in the IP Bulletin to invite the public for filing an opposition for registration of the trademark. Anyone can file an opposition against the published trademark within 90 days from the publication in the IP bulletin.
Step 4: Registration of the trademark
If no one files an opposition, the DOI will register the trademark and issue the trademark registration certificate. You need to pay Rasawa of Rs. 5000 per trademark to get the registration certificate. The certificate is valid for 7 years from the time of registration.
Generally, it takes about one to three years to complete the process of registration and issuance of trademark registration certificate where no petition for an opposition is filed.
Government Fees for registering Trademark in Nepal
|1.||Application for a registration fee||NPR. 1,000|
|2.||Registration Fee||NPR. 5,000|
When shall you renew the trademark in Nepal?
The trademark shall remain valid for seven years from the date of registration. You need to renew the trademark within the period of 35 days from the date of expiry. In case you miss renewing in time, you can renew it by making a payment of a penalty of Rs 1,000 within six months from the expiry of the said 35 days’ period. If you do not renew the trademark within the given time, DOI will automatically cancel the registration.
BizSewa offers Trademark registration service for the local and foreign trademark in Nepal. If you need to register trademark to protect your brand , feel free to contact us by filling the contact form call us at 9804495818.
When applying for trademark registration, you need to specify which class your brand falls in. For reference, please check the trademark classes listed below:
- Class 1: Chemicals used in industry, science and photography, as well as in agriculture, horticulture, and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
- Class 2 : Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers, and artists.
- Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
- Class 4 : Industrial oils and greases; lubricants; dust absorbing, wetting and _ binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
- Class 5 : Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
- Class 6 : Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
- Class 7 : Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
- Class 8 : Hand tools and implements (hand-operated); cutlery; side arms; razors.
- Class 9 : Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire- extinguishing apparatus.
- Class 10 : Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
- Class 11 : Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
- Class 12 : Vehicles; apparatus for locomotion by land, air, or water.
- Class 13 : Firearms; ammunition and projectiles; explosives; fireworks.
- Class 14 : Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
- Class 15 : Musical instruments.
- Class 16 : Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers type; printing blocks.
- Class 17 : Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture;
packing, stopping and insulating materials; flexible pipes, not of metal.
- Class 18 : Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, walking sticks; whips, harness, and saddlery.
- Class 19 : Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
- Class 20 : Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all these materials, or of plastics.
- Class 21 : Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain, and earthenware not included in other classes.
- Class 22 : Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except for rubber or plastics); raw fibrous textile materials.
- Class 23 : Yarns and threads, for textile use.
- Class 24 : Textiles and textile goods, not included in other classes; bed and table covers.
- Class 25 : Clothing, footwear, headgear.
- Class 26 : Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
- Class 27 : Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
- Class 28 : Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
- Class 29 : Meat, fish, poultry, and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.
- Class 30 : Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
- Class 31 : Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
- Class 32 : Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. Class alcoholic beverages.
- Class 33 : Alcoholic beverages (except beers).
- Class 34 : Tobacco; smokers’ articles; matches.
- Class 35 : Advertising; business management; business administration; office functions.
- Class 36 : Insurance; financial affairs; monetary affairs; real estate affairs.
- Class 37 : Building construction; repair; installation services.
- Class 38 : Telecommunications.
- Class 39 : Transport; packaging and storage of goods; travel arrangement.
- Class 40 : Treatment of materials.
- Class 41 : Education; providing of training; entertainment; sporting and cultural activities.
- Class 42 : Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.
- Class 43 : Services for providing food and drink; temporary accommodation.
- Class 44 : Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture, and forestry services.
- Class 45 : Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.
How long does it take to complete the trademark registration process in Nepal?
The time it takes to register a trademark in Nepal can vary depending on a number of factors, including the complexity of the application, the workload of the trademark office of Nepal. The process gets extended if any issues or objections arise during the examination process.
Typically, it can take anywhere from several months to a couple of years for a trademark to be registered. Trademark registration is a lengthy and time-consuming process all over the world. In Nepal, it takes around 12 to 36 months for the trademark registration process to complete. In the United States, it generally takes around 12 to 18 months for a trademark application to be processed, and in the European Union, it can take around 12 to 24 months. However, it can take longer if there are any complications or if the trademark office is particularly backlogged.
Can I sell my trademark that is registered in Nepal?
Yes, it is possible to sell a trademark in Nepal. A trademark is considered to be a form of intellectual property, and like other forms of intellectual property, it can be bought and sold. The process of selling a trademark is known as an assignment.
When a trademark is assigned, the ownership of the mark is transferred from the current owner (the assignor) to the new owner (the assignee). The assignee then becomes the new owner of the trademark and has the exclusive right to use the mark in connection with the goods or services for which it is registered.
It is important to note that, in order for a trademark assignment to be valid, it must be in writing and must be recorded with the trademark office. The assignee must use the trademark in connection with the goods or services for which it is registered, otherwise, the trademark registration may become vulnerable to cancellation.
The value of a trademark may depend on different factors such as the type of goods or services it covers, the strength of the mark, the length of time the mark has been used, and the reputation of the mark.