– Patent, Design and Trademark Act, 2022 (1965), amended 1987 and 2006.
– Guidelines for Collective Mark Registration, 2010.
– Trademark Operations Directive, 2015.

– Convention Establishing the World Intellectual Property Organization (WIPO), since February 4, 1997.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 22, 2001.
– WTO’s TRIPS Agreement, since April 23, 2004.

Definition: "trademark" means a word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them with the product or services of others. 

Applicant: any person claiming to be the proprietor or assignee. 

Home registration: duly attested true-copy or photocopy of the home registration or registration in another country is compulsory in case of applications by foreigners and nationals not living in the country. 

Colors: may be claimed for labels.

Priority: date of first registration irrespective of prior use in the country or elsewhere.

Classification: international (11th Edition). For different international classes, separate applications have to be filed on the basis of the registration in the home or other country.

Filing requirements for an application (to be sent to local agent):
1. Application duly signed by the applicant and witnessed by two persons, no need to legalize or notarize;
2. Power of attorney, signed and executed as in the case of “patents“;
3. List of goods, which should not be at variance with the list in the home registration certificate or a corresponding foreign registration certificate;
4. Copy of home registration certificate or a corresponding certificate from another country along with an authenticated translation thereof, either in Nepalese or in English, duly authenticated as in the case of “patents” (see above).

Requirements for change of name or address, or assignment:
1. Power of attorney, notarized;
2. Original certificate of registration in Nepal, for the recordal endorsement to be stamped thereon;
3. Notarized document evidencing the change (or assignment) in the country of origin in English.

Electronic filing: not available. 

Electronic signatures: not accepted.

Examination: a formal examination is conducted and as to prior registrations.

Objections: are notified.

Disclaimers: available. 

Letters of consent: can be accepted, must be notarized.

Opposition: any interested party can file a notice of opposition against the application within ninety days from its publication in the Industrial Property Bulletin. A cancellation of trademark application suit can be filed before the registering authority (Department of Industry).

Disputes, violations, infringements: penal and civil action can be brought before the registering authority (Department of Industries), whose adjudications are appealable before a court of law (the High Court) within thirty-five days of the issuance of the Department's verdict.

Provisional registration: not possible, but application for priority claim may be filed according to the Paris Convention.

Rights of prior user: no provision. 

Delivery of registration certificate: normally it takes twelve to fifteen months for registration where no opposition is filed against the application. The certificate is issued in paper format after payment of the registration fee.

Duration – renewal: seven years from the date of registration and renewable for further periods of seven years each. Grace period: thirty-five days from the date of expiry without late renewal fees and an additional six months with late renewal fees.

Use: according to Section 18C of the Patent, Design and Trademark Act, 1965, a mark should be used within one year of its registration to avoid non-use cancellation.

Compulsory license: possible by deed of contract; must be registered. Other documents are the same as for assignments.

Assignment: possible if the trademark is assigned in the home country or country of earlier registration; documents required: power of attorney, a legal deed of assignment, and the original Nepalese registration certificate.

License: possible by deed of contract; must be registered. Other documents are the same as for an assignment.

Modification of registration: modifications of the mark or extensions of the list of goods in the same class may only be requested by filing a fresh application.

Nullification: ex officio cancellation is automatic if the validity of the home registration lapses and no evidence of renewal, along with a fresh application (together with similar other documents and fees as in the case of an original application) for renewal is filed within thirty-five days following the date of expiry.

Re-registration of expired marks: possible, if a new application is filed under same owner's name.