A Nepali trademark applicant needs a Schedule 1(c) application, four specimens of the mark and documents proving the applicant's identity and business standing. The exact supporting package changes for an individual, company, representative or priority claim. Verify the current Department of Industry checklist before filing instead of treating one list as universal.
Key takeaways
- The Patent, Design and Trade Mark Act confirms the application form and four mark specimens.
- Companies and individuals need different identity and authority documents.
- One application is required for each class under the classification adopted in Nepal.
- A Power of Attorney matters when a representative acts, but current DoI practice should be checked for self-filers.
- A priority claim needs evidence of the earlier filing; it is not part of every domestic application.
- The mark, applicant name and goods or services must match across the package.
Which documents are expressly required by the Act?
Sec. 17 of the Patent, Design and Trade Mark Act, 1965 directs a person seeking registration to apply in the prescribed form with four specimens of the trademark. Schedule 1(c) is the prescribed trademark application. These are the clearest requirements in the statutory text.
The form identifies the applicant, the mark and the goods or services. Sec. 18A requires a separate application for each class. Nepal uses the Nice Classification in practice, although Nepal is not a party to the Nice Agreement.
What should every applicant prepare first?
Start with the exact applicant name, address and legal form. A company should use the name shown in its registration records. An individual should use the name shown on citizenship or other accepted identification. Inconsistent spelling can create ownership questions later.
Prepare a clear representation of the word, logo or combined mark. The four specimens should be identical to each other and to the representation described in the application. Decide whether the application concerns a word mark, a device or a combined mark before printing the specimens.
Then draft the goods or services description for one class. The Nice class finder can help with orientation, but the wording still needs human review. A class number alone does not explain the scope of the application.
What does a Nepali company usually submit?
Practitioner guidance used by IP Sewa lists the application form, a company board resolution, trademark label, industry certificate and latest tax-clearance letter for a domestic company. An established business provides its latest tax clearance; a newly formed company will not have one yet. It also lists a notarised Power of Attorney signed, sealed and witnessed. These items reflect filing practice, not a single statutory sentence declaring one universal seven-document package.
Other desk research records business registration, PAN or VAT evidence and citizenship identification among domestic supporting documents. Because those lists differ in detail, a company should confirm the current DoI checklist for its registration type. An industry, trading company and other entity may not prove standing through identical records.
What does an individual applicant usually submit?
An individual does not have a board, so a board resolution is not relevant. The file instead needs accepted personal identification and, where the person trades through a registered business, the records connecting that business to the applicant. The applicant named in the form must be capable of owning the mark.
Do not assume that calling a business a “sole proprietorship” settles the evidence. Confirm which citizenship, PAN, local registration or business certificate the Department currently accepts for that applicant. The safest checklist is one matched to the applicant, not copied from a company filing.
When is a board resolution relevant?
A board resolution records the company's decision to seek registration and identifies the person authorised to act. It should match the applicant, mark and signatory shown elsewhere in the package. A generic resolution that names neither the filing nor the authorised person may not establish the intended authority clearly.
This document belongs to a corporate file, not an individual one. Before signing, compare the company name and signatory with the registration record, application and Power of Attorney. Correcting those details before submission is easier than explaining inconsistent authority during examination.
Is a Power of Attorney always necessary?
The Act allows a party to act through an authorised representative or legal practitioner. A Power of Attorney provides evidence of that authority, and the practitioner note used by IP Sewa includes a notarised document with witnesses in its domestic checklist.
However, the Act's application provision does not itself say that every self-filing individual must appoint an agent. Applicants filing without a representative should ask the DoI whether its current administrative checklist still requires an authority document and in what form. Do not invent an agent relationship merely to complete a template.
How should the four trademark specimens be prepared?
Sec. 17 specifies four specimens of the mark. They should reproduce the same sign consistently and be clear enough for examination, recordkeeping and publication. If wording and a graphic appear together, the specimens should show the combined presentation actually claimed.
A last-minute logo variation can make the file internally inconsistent. Compare spelling, capitalization, spacing, Nepali text and device elements across all four copies. The trademark conflict checker can help screen wording before filing, while a formal trademark search supports a broader conflict review.
How do classes affect the documents?
Nepal applies the Nice Classification through domestic practice and Sec. 18A. Each class requires a separate application. A mark used for goods in one class and services in another therefore needs separate forms and specimens for each filing.
Supporting identity records may be repeated across those applications, but the goods or services wording must fit each class. Use the goods and services search to develop a draft, then confirm that the description matches what the applicant actually offers or plans to offer.
When is a priority document needed?
A priority document is conditional. It matters when the applicant relies on an earlier foreign filing and asks Nepal to recognise the relevant Paris Convention priority. A domestic applicant with no earlier foreign filing does not need to manufacture a priority claim.
Prepare a certified or notarised copy of the earlier filing evidence and an accepted English version where required by current practice. Confirm the identity of the applicant, the mark and the filing date before claiming priority. Priority does not cure a mismatch between different applicants or different marks.
What should be checked before submission?
- Confirm ownership: identify the individual or legal entity that should own the mark.
- Search the mark: review published marks and other conflict information before committing.
- Select each class: prepare one application and description for every required class.
- Match the evidence: use the correct company, individual, representative and priority documents.
- Compare every name: check spelling, addresses, signatories and the representation of the mark.
- Verify current practice: confirm forms, certification and copy requirements with the DoI.
A pre-filing review should be mechanical as well as legal. Read each field against the supporting record rather than from memory. Use IP Sewa's published-mark search only to inspect marks published in DoI bulletins; it does not prove registration status or reveal unpublished applications.
What are the common mistakes?
The most serious mistakes are filing in the wrong owner's name, using inconsistent mark specimens, selecting a class without an adequate goods or services description, and allowing authority documents to name a different signatory. These are structural defects, not cosmetic ones.
Applicants also treat conditional evidence as universal. A company checklist is copied for an individual, or a priority document is listed when no priority is claimed. Another common error is relying on an old scan without checking whether the DoI has updated its form or certification practice.
What should the applicant keep after filing?
Keep a complete copy of the submitted package, including every specimen, signed authority document and supporting record. Retain the filing acknowledgement and application number separately. Those records help identify exactly what the Department received.
Record later correspondence and responses in date order. If the Department requests clarification, answer against the filed version rather than rebuilding the file from memory. A controlled record also helps a future adviser understand the application.
The application-number lookup searches published entries and is not an official status tracker. An application may remain unpublished while under examination, so confirm procedural status through the appropriate DoI channel.
How does the file move after submission?
The DoI examines the application and may give the applicant an opportunity to respond before refusing registration under Sec. 18. If accepted, the mark is published in the Industrial Property Bulletin. Current DoI notices use a 90-day opposition period, so applicants should check the notice governing their publication.
If the opposition window closes without a successful objection and the remaining requirements are met, the Department issues a registration certificate. Registration lasts seven years and is renewable for further seven-year terms. Document preparation starts the process; it does not guarantee the result.
Where should the checklist be verified?
| Item | Best verification source | Reason |
|---|---|---|
| Application and specimens | Act, Schedule 1(c), current DoI form | Confirms the statutory core and current layout |
| Company documents | Current DoI applicant checklist | Requirements may depend on entity type |
| Personal identification | Current DoI applicant checklist | Accepted identity evidence should be current |
| Representative authority | DoI instructions and adviser | Execution and certification details matter |
| Priority evidence | Paris claim instructions | Only relevant when priority is claimed |
Use the Department of Industry for current forms and notices, and the Nepal Law Commission for legislation. WIPO's Nice Classification material helps explain classification, but the DoI controls the Nepal filing process.
In short: what belongs in a complete file?
Every file needs the statutory application and four specimens, plus evidence suited to the actual applicant. A company, individual, represented applicant and priority claimant should not be forced into one undifferentiated checklist.
Prepare the core first, add only the applicable identity and authority records, then verify the current DoI instructions. IP Sewa's trademark-registration service can help assemble and review the Nepal filing package.
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Before signing or submitting anything, confirm that the owner, mark, class and supporting records tell the same story. For a checklist matched to your applicant type, contact IP Sewa.
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