Adidas and the Three-Stripes Trademark Battles

The adidas three-stripes trademark is one of the most fiercely defended brand assets in the world. From luxury fashion houses to sneaker startups, adidas has sued dozens of companies over parallel-stripe designs — but in Nepal, registration with the Department of Industry (DoI) under the Patent, Design and Trade Mark Act 1965 is what actually creates exclusive rights, and no amount of global fame substitutes for a local filing.

Key Takeaways

• Adidas owns trademark registrations for its three-stripes motif in multiple jurisdictions, treating it as a standalone mark separate from the trefoil logo or wordmark.
• In Nepal, trademark rights are first-to-file — prior global use or international reputation does not automatically give you protection without a DoI registration.
• Nepal is not a member of the Madrid System, so foreign brands like adidas must file directly through a local agent using a notarised Power of Attorney.
• The three-stripes mark, if filed in Nepal, would likely fall under NICE Class 25 (footwear and apparel), with separate applications for each additional class.
• Adidas has lost some high-profile stripe battles — including against Thom Browne in the US — showing that even iconic marks face limits when the design is considered too simple or commonplace.
• A registered trademark in Nepal is valid for 7 years and renewable indefinitely; without registration, enforcement is limited to common-law passing-off claims.
• Before adopting any stripe-based logo or design in Nepal, a trademark database search is the cheapest insurance against an infringement dispute.

What is the adidas three-stripes trademark?

Adidas treats its three parallel stripes as a standalone trademark, independent of the trefoil logo or the "adidas" wordmark. The company has registered the motif as a figurative mark describing it as "three equidistant parallel stripes of equal width applied to the product in whichever direction." This isn't about one specific stripe width or colour — adidas claims rights over the positioning pattern itself. In Nepal, such a mark would be filed as a device or figurative trademark under the PDTA 1965, with a clear graphical representation attached to the application form.

Why has adidas fought so many three-stripes battles?

The stripes are the single most valuable visual asset adidas owns. When consumers see three parallel stripes on a shoe or tracksuit, they think adidas — and the company spends millions in legal fees to keep it that way. Losing exclusivity over the stripes, even in one product category, can weaken the mark's distinctiveness globally. Courts call this dilution. In Nepal, where trademark law doesn't have a statutory dilution doctrine, the practical defence is to register the mark early and enforce it through the DoI's opposition process — objecting within 90 days of publication in the Industrial Property Bulletin when someone files a confusingly similar stripe design.

Which NICE classes would the three stripes cover in Nepal?

Under Nepal's single-class filing system, each class needs its own application. The three-stripes mark typically sits in Class 25 for footwear, clothing and headgear — that is the core filing. A brand with ambitions beyond apparel would also file in Class 18 for bags and leather accessories, Class 28 for sports equipment, and Class 35 for retail and online store services. A common mistake we see is a business filing only in Class 25 and then expanding into branded gym gear or a retail outlet years later without the corresponding registration — leaving those new channels unprotected. You can identify every relevant class for your design using the NICE class finder tool before you file.

How would someone register a stripe-based logo in Nepal?

The process for registering a figurative mark like a stripe design follows the same path as any other trademark application under the PDTA 1965. What makes stripe marks harder is the examination stage — the DoI examiner will compare your design against existing registered marks for visual similarity. The steps are:

1. Conduct a DoI trademark search. Before filing, search for existing stripe or parallel-line marks in your class. A figurative-mark search is trickier than a word search — the DoI's database is built for text, so visual similarity checks need an experienced eye. Use the trademark database search to check for conflicting marks.
2. Select the correct NICE class(es). If your stripe design goes on shoes and bags, you need at least two applications — Class 25 for footwear and Class 18 for bags. One application, one class, no shortcuts.
3. Prepare and file the application. You file the Schedule 1(c) form with four specimens of the mark — high-quality images of the stripe design exactly as it appears on the product. A notarised Power of Attorney is mandatory, even for domestic applicants.
4. Respond to examination. The DoI examiner checks for distinctiveness and conflicts with prior marks. Stripe designs often face objections for being "too simple" or decorative rather than source-identifying — you will need to argue acquired distinctiveness or present evidence of use.
5. Publication and opposition. If the examiner clears the mark, it is published in the Industrial Property Bulletin. Anyone — including a brand enforcing its own stripe rights — has 90 days to oppose. The DoI inquires into any opposition and rules on it.
6. Pay the registration fee and receive the certificate. If no opposition succeeds, you pay the registration fee and the DoI issues the Schedule 2(c) registration certificate. The mark is now protected in Nepal for 7 years.

What documents are needed for a stripe-design trademark in Nepal?

The DoI requires a standard set of documents for any figurative or device mark application. For a domestic applicant, you need the completed application form, a notarised Power of Attorney signed and attested by two witnesses, a board resolution if the applicant is a company, four clear label specimens of the stripe design, a certificate of industry registration, and the latest tax clearance letter. Foreign applicants must additionally provide a notarised copy of the home registration certificate in English and must file through a Nepal-based agent. Missing the board resolution or having an improperly notarised Power of Attorney are two of the most common reasons for DoI queries that delay examination. Our team can help you get the documentation right — reach out through our contact page if you want guidance.

How long does registration take, and what does it cost?

A straightforward stripe-design trademark application in Nepal takes about 12 to 14 months from filing to certificate, assuming no opposition. In the smoothest cases where the examiner raises no objections and the Bulletin publication period passes quietly, you might see registration in roughly 6 to 8 months — but that is the favourable end, not the norm. The total cost has two components: government fees paid to the DoI and professional service fees for preparation, filing, and handling. Government fees follow a per-class structure — each class adds its own application and registration charges. The overall investment depends on how many classes you file in, whether any office actions need responses, and whether an opposition arises. For a current fee estimate tailored to your mark, use the trademark fee calculator.

What can Nepali businesses learn from the adidas stripe wars?

The single biggest lesson from adidas's global litigation is this: file early and enforce consistently. Adidas has spent decades building a paper trail of registrations and opposition filings in every major jurisdiction. A small Nepali sportswear brand might not face adidas in court tomorrow, but if it builds a valuable stripe-based identity without registering it, someone else can file first and claim priority — because Nepal is first-to-file, not first-to-use. The second lesson is that distinctiveness matters at the examination stage. A design that is too simple or too close to a globally known pattern may face an objection from the DoI or an opposition from a rights holder watching the Industrial Property Bulletin. Before investing in packaging, signage, and product tooling, run a trademark conflict check to see if your design could clash with an existing registered mark.

Enforcing stripe-marks in Nepal — what the law actually says

The PDTA 1965 makes it an offence to copy or use a registered trademark without the owner's written permission under Sec. 21D. The DoI acts as a quasi-judicial body — its Law Division can conduct hearings and issue rulings on infringement complaints. If someone files a confusingly similar stripe mark, you can oppose it within 90 days of its publication in the Industrial Property Bulletin. For a mark that is already registered and being misused, you can file a complaint directly with the DoI seeking cancellation. Beyond the PDTA, Nepal also recognises the common-law tort of passing off — this protects unregistered marks and trade dress, but the evidentiary burden is far higher than enforcing a registered trademark. That is why registration matters: it gives you a statutory cause of action rather than leaving you to prove reputation, goodwill, and misrepresentation from scratch.

A realistic Nepal example — the stripe that almost wasn't registered

Imagine a Kathmandu-based activewear startup called "HimalStride" that sells running shoes with two bold parallel stripes down the side. The founders do a quick Google check, see no identical local brand, and launch. A year later, a competitor files a figurative trademark for a three-stripe shoe design in Class 25. Because HimalStride never registered its two-stripe mark, the competitor's application clears examination and gets published. HimalStride now has 90 days to oppose — and must argue that the competitor's mark damages its goodwill. Without a registration of its own, HimalStride relies solely on passing-off arguments: proving its reputation, sales figures, marketing spend, and consumer recognition. That is an expensive, uncertain fight. If HimalStride had registered its mark on day one, it would have a far stronger position — and the competitor's mark might have been blocked at the examination stage for similarity to an existing registered mark. The lesson is simple: file before you launch, not after you spot a problem.

Are there any alternatives to registering a stripe design?

Not every stripe or pattern needs a trademark registration. If your stripe design is purely decorative — a fashion element that changes every season — it may not function as a source identifier, and the DoI may refuse it for lacking distinctiveness. In that case, you could rely on copyright protection for the original graphic work (though copyright registration in Nepal is administered separately under the Copyright Act 2059, not by the DoI). For a distinctive product shape or ornamentation, an industrial design registration under the PDTA 1965 might be a better fit — this protects the visual appearance of a product for 5 years, renewable. But for a stripe motif that appears consistently across your brand's products and packaging, trademark registration remains the strongest, most renewable protection you can get. If you are unsure which path fits, our team can help you assess the options — just get in touch.

In short, the adidas three-stripes saga shows that a simple visual mark can be worth billions — but only if you back it with registrations in every market you care about. In Nepal, that means filing with the DoI under the PDTA 1965, class by class, and staying ready to oppose any confusingly similar mark published in the Industrial Property Bulletin. A proactive search and registration strategy costs a fraction of what a legal fight costs later.

Ready to protect your brand? Search the Nepal trademark database to see if your stripe or logo design is available, or contact our team to start your registration — we handle the paperwork, the DoI filings, and the follow-up so you can focus on building your business.

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