Guide to trademark registration in Nepal

Nepal is strategically located between China and Nepal, the world’s two largest markets with many opportunities for economic development. In terms of tourism, Nepal is home to 8 of the 14 highest mountains in the world, including Everest – the symbol that attracts adventure enthusiasts from all over the world. Nepal possesses rich cultural heritage such as Buddhist and Hindu temples, monasteries, attracting spiritual tourists and culture lovers. Nepal has a diverse ecosystem with many rare species of flora and fauna, facilitating ecotourism and nature exploration. Nepal also has many advantages for agricultural development such as having many different climatic zones, suitable for growing a variety of crops such as rice, maize, potatoes, fruits and vegetables. Nepal possesses many rivers and abundant groundwater, providing irrigation water for agriculture. Therefore, more and more businesses are expanding their business scope in Nepal, in order to be able to distinguish their brands from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers preliminarily through the procedures for trademark registration in Nepal through the article below.

Legal basis

• Patent, Design and Trademark Law, 1965

The concept of “trademark” in Nepal

A trademark in Nepal is defined as:

• Words, symbols, images, or combinations of these elements.
• Used by businesses, companies, or individuals to differentiate their products or services from other products or services in the market.

Conditions for trademark registration in Nepal

To register a trademark in Nepal, the applicant’s application must meet a number of conditions outlined in  the Patents, Design and Trademark Act, 1965 (2022) including

• Differentiation: The trademark must be unique and capable of distinguishing the applicant’s product or service from that of others. It cannot be generic or descriptive about the goods or services it represents.
• Legal: Trademarks must not be deceptive, offensive or violate any applicable laws or regulations in Nepal. It must also not infringe any pre-registered trademark.
• Can be represented by images: The trademark must be able to be represented by images. This means that it can be described in a way that allows for clear identification in the Trademark Register.

Types of trademarks that can be registered in Nepal

Product brand: This is the most common type of trademark and is used to distinguish one company’s tangible product from another. Comprise:

• Text (brand name)
• Logo
• Ampersand
• Design
• Shape of goods (if unique)
• Packaging (if unique)

Service marks: Similar to product marks, but used to identify and distinguish services provided by one provider from another. Examples include logos, slogans, or catchphrases related to a particular service.

Collective mark: This trademark identifies a group or association and its members are allowed to use the trademark on their goods or services. Examples include certificates or logos used by cooperatives or professional associations.

Certification mark: This mark does not identify the origin of a product or service, but guarantees a certain standard, quality or provenance. Common examples include organic food certification or quality control marks.

Commercial packaging: This is the overall visual representation of a product, including packaging, color schemes, and design elements. If the commercial packaging is unique enough, it can be protected as a trademark.

In addition, Nepal recognizes some of the following types of trademarks:

Shape brand: The three-dimensional shape of the product itself can be a trademark if it is unique enough (e.g. Coca-Cola bottle).

Audio trademarks: Sounds specifically associated with a brand, such as brand music or product sound effects, may also be registered as trademarks.

Note: not all signs or symbols can be registered as trademarks. The trademark must:

• Unique: It must be unique enough to differentiate the applicant’s product or service from its competitors.
• Legal: It must not infringe any existing trademarks or be misleading.
• Visual representation: It must be able to represent visually.

Trademark registration dossier in Nepal

Below is a list of documents that applicants typically need to submit included in trademark filings in Nepal:

Documents required:

• Completed Application Form: The applicant takes an official application form from the Ministry of Industry (DoI) or downloads it from their website and completes the trademark and applicant information completely and accurately.
• Invoice payment
• Trademark templates (4 copies): These must clearly show the applicant’s use of the trademark. It could be a logo design, a product label with the applicant’s brand name, or any other visual representation of the applicant’s trademark. Make sure the dimensions of each sample do not exceed 4 x 5 cm.

Depending on the situation of the applicant, the applicant may also need to provide the following additional documents:

• Business Registration Documents & Tax Registration Certificate: If the applicant files as a company, the applicant needs to submit a copy of the business registration certificate and tax registration certificate (VAT/PAN).
• Authorization and identification (if any): If the applicant uses an intellectual property representative to file an application on his/her behalf, handle other relevant procedures.
• Original National Registration Certificate (for foreign company): The foreign company needs to submit a notarized copy or original of the registration certificate from their home country (if applicable).

How to file for trademark registration in Nepal

To file for trademark protection in Nepal, you can apply by the following filing methods:

• Direct submission: You can go directly to the Industry Department of the Ministry of Industry, Trade and Supply TripureshworKathmandu to submit your application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the address of the Industry Department of the Ministry of Industry, Trade and Supply to TripureshworKathmandu.

If you need to file a trademark application, please contact Viet An Law Firm for the most effective support.