How to Fill the Trademark Application Form in Nepal

To fill the trademark application form Nepal requires, complete Schedule 1(c) under the Patent, Design and Trade Mark Act 1965 and file it with the Department of Industry (DoI). One form covers one NICE class. A typical unopposed filing takes about 12–14 months from application to certificate.

Key Takeaways

Schedule 1(c) starts the Nepal trademark filing process, but accurate supporting documents and class selection matter just as much. The DoI examines the application, publishes an accepted mark in the Industrial Property Bulletin, allows 90 days for opposition, and then issues the registration certificate if no successful objection remains.

• Schedule 1(c) is the prescribed DoI trademark form for a new trademark application.
• Each form covers one NICE class; a brand used in several classes needs separate applications.
• Use the same clear trademark label or specimen throughout the form and document packet.
• Companies should prepare an authorised signatory and board resolution before filing.
• Foreign applicants file through a Nepal-based agent or representative because Nepal is not in the Madrid System.
• The process runs from filing and examination to Bulletin publication, a 90-day opposition period and registration.
• Do not use the mark as a registered mark or use the ® symbol before registration is complete.

What is Schedule 1(c) in Nepal?

Schedule 1(c) is the prescribed trademark application under the Patent, Design and Trade Mark Act 1965. It records the applicant, mark, goods or services, NICE class and supporting declarations. The DoI uses it to begin examination under Sec. 17 and the later registration process under Sec. 18. It is not the certificate itself.

A trademark is a word, symbol, picture or combination used to distinguish your goods or services from those of another business. That can include a brand name, logo, wordmark, label, slogan or a combined device. The application should show the exact sign you want protected, not a rough idea of a future logo.

The form is often called the DoI trademark form or trademark registration form. These names describe the same filing task. The registration certificate is issued later, after examination, publication and the opposition stage. Until then, avoid describing the mark as a registered mark or presenting TM and ® as though registration already exists.

Who should fill and file the trademark form?

Individuals, firms and companies may file Schedule 1(c) with the Department of Industry. Nepali applicants may file directly or appoint a representative, while foreign applicants must use a Nepal-based agent or representative. The applicant should be the real owner of the mark, because the filing creates a record of ownership and priority.

Write a company’s full legal name exactly as shown on its Office of the Company Registrar record. Do not substitute a trading name, director’s name or shop name unless that person or entity is the intended owner. A company should also prepare a board resolution and identify the person authorised to sign.

Nepal follows a first-to-file system. In simple terms, the first valid applicant generally has the stronger claim, rather than the person who first used an unregistered mark. Early filing is especially important if you have already shown the name publicly, launched an Instagram page or printed packaging.

How should you choose a NICE class for the form?

Choose the NICE class that matches the goods or services you genuinely plan to protect. Nepal uses the 45-class NICE Classification: Classes 1–34 cover goods and Classes 35–45 cover services. Sec. 18A requires a separate application for each class, so one Schedule 1(c) cannot cover an entire business.

Examples help. A momo restaurant normally considers Class 43 for restaurant and catering services. Packaged food may require a goods class such as Class 30, while clothing is generally Class 25. Retail or business-related services may involve Class 35. The correct answer depends on the actual goods and services, not just your company’s industry label.

List specific goods or services instead of writing only “all products” or “business.” “Shirts, trousers and footwear” gives a clearer starting point than “fashion.” Use accepted NICE wording where possible, but check that it reflects your real business. The NICE class finder for Nepal filings can help you narrow the choice before completing the form.

How do you fill the trademark application form Nepal uses?

Complete Schedule 1(c) in a consistent order, checking every field against your supporting documents. The DoI reviews the application for completeness and examines the mark for conflicts and registrability. A clean form cannot guarantee registration, but it prevents avoidable deficiencies that slow trademark filing Nepal applicants already face.

1. Enter the applicant’s legal details. Write the complete name, address, nationality and contact information. Match company records, certificates and the Power of Attorney. If the applicant is a firm, use its registered identity rather than a shortened shop name.
2. Show the mark clearly. Attach or place a sharp representation of the exact wordmark, logo or combined mark. Check spelling, punctuation, layout and colours. A word-only filing is not automatically the same as a logo filing.
3. Describe the mark accurately. State the words and explain important visual features. If colour is claimed as part of the mark, keep the colour representation consistent. Do not add features that are absent from the specimen.
4. State one NICE class. Enter the correct class number and list the goods or services you want covered. If the same brand needs protection in three classes, plan three applications rather than forcing every activity into one form.
5. State ownership and use details. Confirm that the applicant owns the mark. If the mark is already used in Nepal, provide the relevant first-use information requested by the form. Remember that first use does not replace first filing.
6. Add a priority claim if available. If the same mark was filed in a Paris Convention country, provide the foreign filing details and the certified or notarised supporting record required for the claim. Do not claim priority without documents.
7. Sign as the authorised applicant. The individual applicant signs personally. A company’s authorised signatory signs in line with its board resolution and Power of Attorney. Keep the signature, name and authority consistent across the packet.

Before submission, compare the form with every label, certificate and authorisation document. The name, address, mark and class should not change from one page to another. Save a complete copy of what you file, including the final specimen and application number.

Which documents accompany Schedule 1(c)?

Prepare the application form, trademark label and required authorisations before visiting or instructing a filer. Domestic and foreign document sets differ, but both commonly require a notarised Power of Attorney. The DoI may also require company, industry, tax, priority or home-registration records based on the applicant and filing circumstances.

Foreign documents that are not in English may need a certified English translation. The exact packet can depend on the ownership structure and the claim being made. Do not assume a foreign registration automatically protects Nepal: Nepal is outside the Madrid System, so a direct national filing is required.

What happens after you submit the DoI trademark form?

The Department of Industry first receives the application and records its filing details. It then examines the mark and may raise a deficiency or objection. If the application qualifies, the DoI publishes it in the Industrial Property Bulletin. Any person may oppose within 90 days of publication, after which registration proceeds if the objection does not prevent it.

The sequence is not a single online approval. It is a legal process with separate stages:

• Application: Schedule 1(c), specimens and supporting papers are filed.
• Examination: the DoI checks formal requirements, similarity and registrability.
• Publication: the accepted mark appears in the Industrial Property Bulletin.
• Opposition: a third party may object during the 90-day period.
• Registration: the DoI issues the certificate after the matter is cleared.

If an examiner raises an issue, respond within the required time and address the specific concern. A vague answer or a new mark may create further problems. If another applicant’s mark is published, an opposition must be prepared and filed within the applicable window. Our team can help through the trademark opposition and enforcement service.

How long does trademark filing Nepal usually take?

Trademark filing Nepal applicants should usually budget about 12–14 months from filing to certificate when the application is unopposed. A very straightforward case may finish in roughly 6–8 months, but that is the favourable end rather than the normal promise. Objections, document defects, hearings and opposition can extend the timeline.

What affects the cost of completing the form?

The total cost depends on the number of NICE classes, government charges, professional help, document certification, translations and any later response or opposition work. Nepal’s one-class-per-application rule is the main structural cost factor. For a current estimate, use the trademark fee calculator or send the filing details to our team.

Filing without advice may appear simpler, but an incorrect class or weak goods description can cost more time later. A professional search, for example, may identify a similar mark before you pay to file. Keep government fees separate from professional fees when comparing quotations. Ask what is included: search, drafting, filing, examiner responses, publication-stage work and certificate collection.

What legal rules should you remember after filing?

The Patent, Design and Trade Mark Act 1965 governs trademark registration in Nepal, including applications, examination, registration, publication and renewal. Sec. 18 addresses registration, Sec. 18A concerns classification, Sec. 21A concerns publication and opposition, and Sec. 23B covers renewal. You can consult the official Nepal law resources for primary legal materials.

A trademark registration lasts seven years from registration and can be renewed for further seven-year terms. Renewal should be filed within 35 days of expiry; a late period may apply under the Act. Put the mark into use after registration. The DoI may cancel a registered mark that is not used within one year of registration.

Registration protects the mark in the goods or services and class recorded. It does not automatically protect every business activity or every variation of the logo. If your brand changes substantially, seek advice before using the new version as though it were identical to the registered mark.

What mistakes commonly delay a Nepal trademark application?

Most avoidable delays begin with inconsistent information, not complex law. Review the form as a single evidence packet: the applicant, mark, class, address, authority and supporting papers should tell the same story. If the DoI raises an objection, answer it carefully rather than submitting a casual replacement label.

• Filing under the wrong owner: using a founder’s name when the company owns the brand can complicate later transfer.
• Choosing one class for everything: products, retail and restaurant services may require separate applications.
• Using a vague description: “all goods” does not explain the protection sought.
• Changing the specimen: differences in spelling, colour or logo shape create inconsistency.
• Weak Power of Attorney: missing signatures, seal or witness attestation can stop processing.
• Ignoring similar marks: a word search alone may not reveal a close logo or visual conflict.
• Delaying the response: an examiner’s letter needs a timely, focused answer.
• Using ® too early: an application is not the same as a completed registration.

Before filing, search existing marks in the DoI record and review similar spellings, sounds and logos. IP Sewa’s Nepal trademark database search is useful for an initial check. It is a screening step, not a guarantee that the DoI will accept the application.

What does a correctly prepared application look like?

Imagine a Kathmandu startup called “Himalayan Hearth” selling packaged spice mixes and operating a small café. Its owner should not place both activities into one vague entry. The business would assess the relevant goods and service classes, file matching labels and keep the applicant name consistent across every document.

The owner would first search similar marks, then decide whether the company or an individual should own the brand. The Schedule 1(c) form would show the exact “Himalayan Hearth” wordmark or logo, the selected class and a focused goods or services description. Four identical specimens would accompany the form.

If the company uses a representative, its Power of Attorney and board resolution would identify that authority. If the mark is accepted, the owner would watch the Industrial Property Bulletin stage and be ready to respond if an opposition appears. This example is hypothetical, but the preparation decisions are common for Nepali founders.

What are the alternatives and special cases?

Consider a clearance search, priority claim, foreign filing or opposition before you submit Schedule 1(c). A Paris Convention priority claim may preserve an earlier foreign filing date where the legal conditions and documents are met. Nepal has no Madrid System, so an international trademark registration does not replace direct filing with the DoI.

If the brand is already registered, use the renewal process rather than a new application. If ownership changes, record the assignment properly. If another mark is published and conflicts with yours, the remedy is a formal opposition within the permitted period, not an informal complaint on social media.

Trademark protection is different from patent, industrial design and copyright protection. A trademark identifies commercial source; an industrial design protects product appearance; a patent protects a qualifying invention; copyright concerns original creative works under separate law. Choose the right right before completing a form.

This article gives general information, not legal advice for your specific mark. Documents and filing strategy can change with ownership, foreign priority, class selection and examiner questions. For a review of your Schedule 1(c) packet, our team can help through trademark registration support in Nepal.

In short, how should you fill Schedule 1(c)?

Search first, identify the true owner, select one accurate NICE class and describe the goods or services precisely. Attach four matching specimens and properly prepared supporting documents. File with the DoI, retain the acknowledgment, answer any examination issue and allow for Bulletin publication, 90-day opposition and certificate issuance.

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Ready to file? Search existing Nepal trademarks, review the available IP filing tools, then contact IP Sewa for practical help completing and submitting your trademark application form.