A trademark objection in Nepal begins with identifying the correct publication and recording its deadline. Applications and registered-mark particulars can involve different notices; a deadline from one process should not be applied to another.
Check the publication and deadline
The Department of Industry’s Industrial Property Bulletin, Volume 20, No. 7, published on 16 September 2026, invites pre-registration objections with supporting evidence within 90 days of publication. Read the notice accompanying the particular application you want to challenge and record its publication date. Do not assume every subsequent notice uses the same timetable.
Section 18A(2) of the Patent, Design and Trade Mark Act separately provides a 35-day complaint period concerning published particulars of registered trademarks. This is distinct from the bulletin’s pre-registration objection notice.
Prepare a focused objection
Start with the published mark, applicant, application number and relevant goods or services. Gather registration certificates, dated evidence of use, and the documents supporting the conflict you allege. Explain how the two marks and their goods or services overlap, and distinguish facts you can document from assumptions.
Section 18(1) addresses grounds on which registration must be refused and allows a reasonable objection during registration. The strength of a proposed objection depends on the facts and applicable legal grounds; resemblance alone does not establish the outcome. Have the grounds and evidence assessed before filing.
Department proceedings and appeal
File the objection with the Department of Industry in the form and manner required by the relevant notice. Keep a copy of the filing and evidence of receipt. Monitor correspondence and obtain advice on responding to any request or submission from the applicant. The Department decides the registration issue; filing an objection does not itself guarantee refusal.
Section 27 provides an appeal to the High Court within 35 days against a decision or order of the Department under the Act. Obtain the decision promptly and ask your adviser to calculate the applicable deadline and filing requirements for your case.
Practical next steps
Monitor new bulletins regularly, keep dated evidence of your rights, and seek advice as soon as a potentially conflicting mark appears. Apex Law Chamber assists with trademark watch services, objection preparation and representation. Contact the firm with the publication and supporting documents.
Primary sources
- Department of Industry: Industrial Property Bulletin, Volume 20, No. 7, 16 September 2026 (objection notice on PDF page 2).
- Nepal Law Commission: Patent, Design and Trade Mark Act, sections 18, 18A and 27 (Nepali text).
Sources checked on 7 October 2026. General information; the applicable notice, current law and facts of your case should be checked before taking action.
This article provides general information, not advice on a specific matter. The applicable law, procedure and facts should be checked before taking action.
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