Foreign applicants must file a notarised power of attorney, a board resolution, the trademark label, and a certified copy of the home registration certificate with Nepal's Department of Industry (DoI) under the Patent, Design and Trade Mark Act 1965.
Key Takeaways
- Foreign applicants file the same core forms as locals but must add a certified home registration certificate and a notarised power of attorney.
- Every document in a language other than English needs a notarised English translation attached.
- Nepal is a first-to-file country — rights belong to whoever files a valid application first, not whoever used the mark first.
- Foreign entities must act through a local agent or representative with a valid power of attorney.
- One application covers one NICE class; a brand spanning three classes needs three separate application sets.
- If you claim priority from an earlier foreign filing, you must submit the certified priority document with your Nepal application.
- Missing or improperly notarised documents are the number one reason foreign applications get delayed or rejected.
What documents does a foreign applicant need for a Nepal trademark?
A foreign applicant needs four core documents: a notarised power of attorney, a board resolution authorising the filing, the trademark label, and a notarised or certified copy of the home trademark registration certificate. If claiming convention priority, you add the certified priority document. Every item not in English must carry a notarised translation.
Why does Nepal require extra documents from foreign applicants?
Nepal is not a member of the Madrid System, so there is no streamlined international filing route. The Department of Industry requires extra proof of identity and legal standing because it has no direct way to verify a foreign entity. The notarised power of attorney confirms you have appointed a local representative, and the home registration certificate proves the mark exists and is owned by you in your home jurisdiction.
Document one: the notarised power of attorney
This is the single document that gives your Nepal-based agent or representative the legal authority to act on your behalf before the DoI. It must be signed by an authorised signatory of the applicant company, sealed with the company stamp, and attested by two witnesses. Notarisation is mandatory — the DoI will not accept an unnotarised power of attorney. The notary public must verify the signatory's identity and authority at the time of signing. A common mistake we see is submitting a power of attorney that was notarised before the application form was even filled out, which can raise date-inconsistency objections at examination.
Document two: the board resolution
The board resolution is an internal company document that records the board's decision to register the trademark in Nepal. It names the specific mark, the NICE classes to be covered, and the individual authorised to sign the power of attorney and application form. The DoI uses it to confirm the filing was properly authorised under the company's own governance rules. It must be on company letterhead, dated, and signed by the board secretary or a director. For a wholly-owned subsidiary filing in its own name, the parent board resolution may also be accepted, but it is safer to have a resolution from the entity that will own the Nepal registration.
Document three: the trademark label
The trademark label is simply a clear representation of the mark you want to protect. For a wordmark, it is the text in standard characters. For a logo or a combined mark, you submit a high-resolution image — typically 5 cm × 5 cm or larger — printed on clean white paper. The Act requires you to file four specimens of the mark along with the application form. The label must match exactly what appears on the home registration certificate if you are claiming a priority or relying on a foreign registration. Even small differences between the label and the home certificate can trigger a DoI objection.
Document four: the home registration certificate
This is the document that sets foreign applicants apart from domestic ones. You must submit a notarised or certified copy of the trademark registration certificate from your home country, translated into English if the original is in another language. The certificate confirms that the same mark is already registered abroad. It does not automatically confer rights in Nepal — this is a first-to-file jurisdiction — but it supports your application by demonstrating existing use and ownership. If the certificate shows a different owner name from the Nepal application, you will need to explain the chain of title with supporting assignment or merger documents.
What extra document applies if you claim convention priority?
If your home-country application was filed less than six months ago, you can claim priority under the Paris Convention. To do so, you must file a certified copy of the foreign application or filing receipt, in English or with a notarised translation, showing the filing date, the applicant's name, and the mark. This document locks your Nepal priority date to your home filing date. Priority claims are time-sensitive — if the six-month window closes before you file in Nepal, the priority right is lost and your Nepal application takes its own filing date.
How do foreign applicants file the documents in Nepal?
Foreign applicants file through a locally appointed agent or representative who submits the documents to the Department of Industry in Kathmandu. Here is the end-to-end sequence:
- Prepare the application form (Schedule 1(c)) with the applicant's full name, address, and the mark details — one form per NICE class.
- Execute the power of attorney — have the company signatory sign it, affix the company seal, have two witnesses attest, and get it notarised.
- Pass the board resolution and ensure it is signed, dated, and on company letterhead.
- Obtain a certified copy of the home registration certificate and have it notarised. If it is not in English, attach a notarised translation.
- Prepare four specimens of the trademark label — identical to the mark on the home certificate.
- If claiming priority, attach the certified foreign filing receipt with a notarised English translation if needed.
- Your local agent files the full set at the DoI, pays the application fee, and obtains the acknowledgment and application number.
- Respond to any examination queries — the DoI examines the documents for completeness and the mark for distinctiveness and conflicts.
After filing, the DoI publishes the mark in the Industrial Property Bulletin. A 90-day opposition window opens. If no one objects, the registration certificate issues. The entire process typically takes 12 to 14 months. You can search the Nepal trademark database to check for conflicting marks before you file — it can save months of delay.
What is the timeline for a foreign applicant's trademark filing in Nepal?
The end-to-end timeline for an unopposed foreign application is typically 12 to 14 months from filing to registration certificate. A smooth case with no examiner objections and no opposition can complete in about 6 to 8 months, but that is the best-case scenario, not the norm. Document deficiencies — an unnotarised power of attorney, a missing translation, a board resolution that does not name the mark — are the most common cause of delay, often adding 2 to 4 months while you courier corrected documents and the DoI re-examines the file.
What drives the cost of a foreign applicant's trademark filing?
The total cost has two components: the government fees payable to the DoI per class, and the professional fees for your local agent or representative. Foreign applicants pay a higher government fee than domestic filers. The overall figure also rises with the number of NICE classes, whether you need a priority claim prepared, and the cost of notarising and couriering physical documents to Nepal. For a current per-class estimate, use our trademark fee calculator or reach out through our contact page.
What are the most common document mistakes foreign applicants make?
Here is what we see go wrong most often, and how to avoid it:
| Mistake | Why it happens | How to fix it |
|---|---|---|
| Power of attorney not notarised | Applicant assumes a signed POA is enough | Notarise before sending; date must match or precede filing date |
| Board resolution doesn't name the mark | Resolution drafted generically before mark was finalised | Specify the exact mark and NICE classes in the resolution text |
| Home certificate not translated | Certificate is in French, German, Chinese, etc., and applicant thinks English is unnecessary | Get a notarised English translation; attach both original and translation |
| Label doesn't match home certificate | A newer logo version was submitted as the label | Use the identical mark as registered at home, or file a new application without relying on the home registration |
| Priority document filed late | Applicant waits until after examination to claim priority | File the certified priority document with the initial application or within the six-month Paris Convention window |
Can a foreign applicant file without a home registration certificate?
Yes, but the path is different. The home registration certificate is not a statutory prerequisite to file — it is only mandatory if you are relying on a foreign registration to support the application. A foreign applicant without a home registration can file a fresh application in Nepal, exactly as a domestic applicant would, provided they still submit the notarised power of attorney, board resolution, and label. However, without a home certificate, the examiner has no foreign registration to reference, so the mark faces the full distinctiveness and conflict examination on its own merits. If you are a startup or a brand that has not yet registered anywhere, this is your route — and you still need a Nepal-based agent.
How does a foreign applicant handle multiple NICE classes?
Nepal follows the NICE Classification system with 45 classes — Classes 1 to 34 for goods and 35 to 45 for services. One application covers exactly one class. If your brand spans clothing (Class 25), retail services (Class 35), and online advertising (Class 35), you file one application for Class 25 and one for Class 35. Each class needs its own complete document set: application form, power of attorney, board resolution referencing that class, label, and home certificate. Our NICE class finder can help you identify the right classes before you start preparing the paperwork.
Legal basis for the foreign-applicant document requirements
The document requirements flow from the Patent, Design and Trade Mark Act 1965, specifically the provisions on registration procedure under Sec. 17–18 and the rules on foreign applicants under Sec. 21B–21C. The requirement to file through a local representative with a power of attorney is long-standing DoI practice, consistent with Nepal's obligations under the Paris Convention and the TRIPS Agreement. The Industrial Property Bulletin publication and 90-day opposition window are governed by Sec. 21A. For the full statutory text, you can consult the Nepal Law Commission or the WIPO database.
A realistic example: a German skincare brand filing in Nepal
Imagine a Berlin-based natural-cosmetics company that has registered its wordmark "AlpineGlow" in Germany. It wants to protect the brand in Nepal before launching through a Kathmandu retailer. The company's board passes a resolution naming "AlpineGlow" and the relevant NICE classes — Class 3 for cosmetics and Class 35 for retail services. It signs and notarises a power of attorney naming its Nepal agent. It obtains a certified copy of the German trademark certificate and has a notarised English translation prepared. The trademark label is the standard-character wordmark. With the agent's guidance, it files two separate applications — one per class — each with the full document packet. Sixteen weeks later the mark is published in the Industrial Property Bulletin. No opposition is filed within 90 days. The DoI issues two registration certificates — one per class — and "AlpineGlow" is protected in Nepal for seven years, renewable indefinitely.
What about patents and industrial designs for foreign applicants?
The foreign-applicant document principle extends beyond trademarks. For a patent, a foreign applicant must also file a notarised power of attorney, a board resolution, and a certified copy of any foreign patent grant, along with the complete specification and claims. Industrial design applications similarly require a power of attorney and certified foreign design registration, plus drawings or photographs of the design. The same notarisation and translation rules apply across all three rights. If you need help with a patent or design filing, our team can guide you — start on our patent registration or industrial design service pages.
In short
Foreign applicants face a few extra document requirements in Nepal — the notarised power of attorney, board resolution, trademark label, and the certified home registration certificate — but the process is straightforward when you prepare everything correctly before filing. Get the notarisations right, check that every name and mark matches across all documents, and work with an agent who knows the DoI's current expectations. The biggest risk is a paperwork delay, not a rejection on merits. If you are ready to start, search existing marks first, then talk to our team about preparing and filing your application.
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