How to Register Trademark in Nepal

A trademark is a sign that distinguishes the goods or services of one person or entity from those of others. A trademark can be a word, symbol, logo, design, or a combination of these elements. A trademark can help you protect your brand identity, reputation, and market share in the competitive business environment.

In Nepal, the registration and protection of trademarks are governed by the Patent, Design and Trademark Act 1965 and its amendments. The Office of the Company Registrar (OCR) is the authority responsible for administering and enforcing trademark laws in Nepal. The OCR provides online and offline services for trademark registration and other related matters.

Step 1: Check the availability and reserve your trademark name

Before you apply for trademark registration, you need to check if your desired trademark name is available or not. You can do this by using the online company search function on the OCR website1. You can also search for existing trademarks on the Industrial Property Bulletin (IP Bulletin) published by the OCR2.

If your trademark name is available, you can reserve it by filling out an online form and paying a fee of NPR 200. You need to provide some basic information about your trademark, such as:

• The type of trademark (word, symbol, logo, etc.)
• The class of goods or services that your trademark will cover
• The address of your business or company
• The objectives of your business or company
• The authorized capital of your company
• The number and value of shares of your company
• The name and address of the promoters or founders of your company

You also need to upload some documents, such as:

• A copy of your citizenship certificate or passport
• A copy of your PAN/VAT certificate (if applicable)
• A copy of your trademark design or logo (if applicable)

You will receive a confirmation email from the OCR after submitting your reservation request. You need to print out the email and sign it. You also need to print out a copy of your payment receipt.

Step 2: Register your trademark

After reserving your trademark name, you need to register your trademark by filling out another online form and paying a fee based on the authorized capital of your company. The fee structure is as follows:

You need to provide some additional information about your trademark, such as:

• The name and address of the directors of your company
• The name and address of the auditor of your company
• The name and address of the legal advisor of your company
• The name and address of the bank where you will open your account

You also need to upload some more documents, such as:

• A copy of your reservation confirmation email
• A copy of your payment receipt
• A copy of your memorandum of association (MOA)
• A copy of your articles of association (AOA)

The MOA is a document that defines the main objectives and activities of your company. The AOA is a document that defines the rules and regulations for running your company. You can use the templates provided by the OCR website3 or draft your own documents according to the Company Act 2063.

Step 3: Submit physical copies of documents at OCR

After completing your online registration, you need to submit physical copies of all the documents that you uploaded online at the OCR office in Tripureshwor, Kathmandu. You need to do this within 15 days after completing your online registration.

You need to bring two sets of copies of all the documents, along with their originals for verification. You also need to bring two passport-sized photos of each promoter and director of your company.

The OCR staff will check and verify your documents and issue you a receipt. They will also assign you a registration number for your trademark.

Step 4: Receive your trademark registration certificate

The final step is to receive your trademark registration certificate from the OCR office. You need to wait for about two working days after submitting your physical copies of documents.

You need to show your receipt and registration number to collect your certificate. You also need to pay a stamp duty of NPR 500 for the certificate.

The trademark registration certificate is a legal document that proves that your trademark is officially registered and authorized to operate in Nepal. It will contain your trademark name, registration number, date of registration, class of goods or services, address, etc.

You will also receive a PAN/VAT certificate from the Inland Revenue Department (IRD) along with your trademark registration certificate. This is a tax identification number that you will need to file and pay your taxes in Nepal.

Tips and Advice

Here are some tips and advice to make your trademark registration process easier and faster:

• Choose a unique and meaningful name for your trademark that reflects your brand identity and mission.
• Check the availability of your trademark name before reserving it to avoid any duplication or confusion.
• Prepare your MOA and AOA carefully and clearly to avoid any ambiguity or dispute.
• Hire a professional lawyer or accountant to help you with the legal and financial aspects of your trademark registration.
• Keep copies of all the documents that you submit online and offline for future reference.
• Follow up with the OCR office regularly to check the status of your trademark registration.
• Register your trademark as soon as possible to avoid any penalties or fines for late registration.

Conclusion

Registering a trademark in Nepal is a simple and straightforward process that can be done online and offline. You need to check the availability and reserve your trademark name, register your trademark, submit physical copies of documents, and receive your trademark registration certificate. You also need to pay some fees and taxes along the way.

By registering your trademark in Nepal, you will be able to protect your brand identity, reputation, and market share in the competitive business environment. You will also be able to contribute to the economic and social development of Nepal.

If you need more information or assistance on how to register a trademark in Nepal, you can contact the OCR office at: