The Patent, Design and Trade Mark Act, 2022 (1965)

Section 17: Application for registration of trademark

1)      A person  desirous  to register   the  trademark  of  his  business registered  under Section  18 shall  submit to the Department an application in a format as specified in Schedule  1(c), along  with four  specimen  of such trade-marks, shall conduct necessary investigation and provide sufficient opportunity to defend him/her self and also conduct further inquiry based on the dense made and if finds it appropriate to register it  . 

2)      The person submitting application under   Sub-section (1), shall pay an application fee to the department as specified in Schedule 3(3) (a)

Process of Trademark Registration

1. Submit application for trademark registration

2. Initial test undertaken.

3. Substantive test undertaken.

4. Once investigation is complete, the trademark will be published in the Department’s Intellectual Property Bulletin allowing for third-party objections.

5. An objection must be lodged within 90 days of issuance of the public notice.

6. If no objections are lodged, a decision to issue a certificate of registration will be made.

7. Investigations will follow in cases where an objection to the trademark registration is lodged. If the investigation supports issuance of the trademark it will be registered. If the investigation does not support issuance the decision can be appealed through the appellate court.

8. A six month trial period will follow registration prior to final issuance.

Requirements / Supporting Documents

For National Trademark Registration

1.  A completed application.

2. A copy of related industry or business operations permit or registration certificate.

3. A copy of tax registration certificate.

4. Four samples of the trademark (up to 888 cm).

5. Authorization and identification in case a representative is nominated.

6. Receipt of submitted application fee.

For International Trademark Registration

1. A completed application.

2. If application has been submitted in other countries evidence of application with date must be   presented.

3. If the trade mark has been registered in foreign countries a certified copy of registration.

4. Authorization, identification, and mailing address in Nepal, in case a representative is nominated.

5.  Four samples of the trademark (up to 888 cm).

6. Receipt of Application fee.