National vs International Trademark Protection

A Nepal trade mark registered with the Department of Industry (DoI) gives you exclusive rights inside Nepal only — it does not protect your brand name, logo or wordmark in India, the United States, Europe or anywhere else. Under the Patent, Design and Trade Mark Act 1965 (PDTA), Nepal is a first-to-file jurisdiction with a 7-year renewable term, and the country is not a member of the Madrid System, so international protection always requires separate filings abroad through a Nepal-based agent.

Key Takeaways

• A DoI-issued registration certificate protects your trade mark solely within Nepal's borders — zero effect overseas.
• Nepal is not in the Madrid System; you cannot file one international application and designate Nepal, nor use a Nepal filing as the basis for a Madrid application.
• National registration takes roughly 12–14 months end to end in unopposed cases, with publication in the Industrial Property Bulletin and a 90-day opposition window.
• Foreign applicants must file through a Nepal-based agent or representative with a notarised Power of Attorney.
• The Paris Convention priority right lets you claim your Nepal filing date in another member country if you file there within 6 months.
• Every country sets its own rules, classification, term and renewal cycle — there is no single "worldwide trade mark."
• Our team can help you map which jurisdictions to file in and handle the Nepal-side preparation — reach out here.

What does "national trade mark protection" mean in Nepal?

National protection means your trade mark is examined, published and registered under the PDTA by the Department of Industry, and the exclusive right you get is enforceable only within the territory of Nepal. The registration gives you the legal standing to stop others from using an identical or confusingly similar mark for the same goods or services inside Nepal — but it has no force across the border in India, China or any other jurisdiction. That is the fundamental limit of a purely national registration.

The DoI examines your application for conflicts with existing marks on the Nepal register, publishes it in the Industrial Property Bulletin, and issues a Schedule 2(c) certificate after the 90-day opposition window closes. You hold that right for 7 years, renewable indefinitely. But if a competitor registers the same brand name in Delhi, Dhaka or Dubai, your Nepal certificate alone gives you no remedy there.

What does "international trade mark protection" actually mean?

There is no single global trade mark that covers every country at once. International protection is a strategy: you secure trade mark rights in each country where you manufacture, sell, license or plan to expand. You do this through one of two routes — filing directly with each country's IP office, or using the Madrid System (a WIPO-administered treaty that lets you file one international application designating multiple member countries). Nepal is not a Madrid member, so Nepal-based businesses must take the direct-filing route for overseas protection.

Each country applies its own law, its own classification practice and its own examination process. A mark that sails through in Nepal might face an objection in Japan on descriptiveness grounds, or conflict with a prior registration in the UK. International protection is always a jurisdiction-by-jurisdiction exercise — and timing matters. Under the Paris Convention, which Nepal has joined, you get a 6-month priority window from your Nepal filing date to file in another member country and claim that earlier date.

How does the Madrid System work, and why can't Nepal-based businesses use it?

The Madrid System — administered by WIPO — allows an applicant from a member country to file a single international application based on a home registration or application, and then designate any number of other member countries in one step. Nepal is not a contracting party to either the Madrid Agreement or the Madrid Protocol. That means you cannot file a Madrid application using a Nepal trade mark as the basis, and foreign businesses cannot designate Nepal in their Madrid filings. All international trade mark work involving Nepal flows through direct national filings.

For a Nepali brand exporting goods — say, a pashmina label selling into the EU — you would first secure your Nepal registration as your home base, then instruct an agent in each target country (or a coordinated network) to file directly with that country's IP office, claiming Paris Convention priority within 6 months. It is more manual than Madrid, but it is the only path available from Nepal today.

Why every Nepali business needs national registration first — even if you plan to go global

The PDTA is clear: rights arise from registration, not from use. A common mistake we see is an entrepreneur who sells to three countries but never registered at home, only to discover a local competitor has filed the same mark with the DoI. Because Nepal is first-to-file, the first valid application wins — and undoing that is expensive, slow and uncertain. National registration locks in your priority date and gives you the home-rights foundation every export strategy rests on.

That priority date is the tangible link to international protection. When you file abroad within 6 months of your Nepal filing date and claim Paris Convention priority, the foreign office treats your application as though it was filed on that earlier Nepal date — knocking out any intervening third-party filing. Without a Nepal registration to anchor it, you lose that advantage.

How to register a trade mark in Nepal — the national process step by step

Understanding the domestic process clarifies exactly where the international fork happens. Here are the five stages every Nepal trade mark application goes through at the DoI.

1. Search the Nepal register. Before filing, run a DoI trade mark search for identical or similar marks already registered or pending in your class. You can use our free trade mark database search to check word marks quickly.
2. Choose your NICE class(es). Nepal uses the 45-class NICE Classification — one application covers one class. A clothing brand selling directly to consumers typically needs Class 25 (clothing) plus maybe Class 35 (retail services). Use the NICE Class Finder to pick the right ones.
3. File the application with the DoI. Submit the Schedule 1(c) form with four specimens of your mark, a notarised Power of Attorney and supporting documents. The DoI issues an acknowledgment and application number.
4. Examination and publication. The DoI examines for distinctiveness and conflicts. If cleared, the mark is published in the Industrial Property Bulletin. Anyone can oppose within 90 days of publication.
5. Registration and certificate. If no opposition is filed — or if the DoI rules in your favour after a hearing — you pay the registration fee and receive the Schedule 2(c) registration certificate, valid for 7 years.

How long does national registration take, and how does that affect international filings?

An unopposed trade mark application in Nepal typically takes 12–14 months from filing to certificate — about 6–8 months in the smoothest, fastest cases, though that is not the norm. The bulk of that time is the DoI examination phase and the 90-day opposition window after publication in the Industrial Property Bulletin. If an opposition is filed, the timeline stretches significantly while the DoI's Law Division conducts a hearing.

This matters for international strategy because the Paris Convention priority clock — 6 months — starts ticking from your Nepal filing date, not from the registration date. You do not need to wait for the DoI certificate to file abroad. As soon as you have your Nepal application number and filing date, you can instruct foreign agents to file in target countries and claim priority. Don't let the Nepal timeline delay your overseas filings.

Documents needed for a Nepal trade mark application

Whether you are a domestic business or a foreign applicant, the DoI requires a specific document package. Getting it right the first time avoids back-and-forth that adds weeks.

• Completed application form (Schedule 1(c) format)
• Four specimens of the trade mark (wordmark, logo or combination)
• Notarised Power of Attorney — signed by the applicant, sealed, attested by two witnesses
• Board resolution of the applicant company (if a company)
• Certificate of industry registration and latest tax clearance letter (domestic applicants)
• Notarised/certified copy of the home registration certificate in English (foreign applicants)
• Certified copy of the priority application with English translation (if claiming Paris Convention priority)

Foreign applicants must file through a Nepal-based agent. You cannot submit directly to the DoI from overseas. Our team handles the full document preparation and filing — see how we help with trade mark registration.

Cost factors: what drives the total for national vs international protection

The cost of registering a trade mark in Nepal has two components: government fees payable to the DoI, and professional fees for the agent who prepares, files and shepherds the application. Government fees follow a per-class structure — one application covers one NICE class, so a brand spanning two classes pays two sets of government fees. Foreign applicants pay higher government fees than domestic applicants.

For international protection, costs multiply jurisdiction by jurisdiction. Each country has its own official fees, its own agent costs, and often translation requirements. Filing in five countries means five separate budgets. A common approach for Nepali exporters is to prioritise the one or two markets that matter most in year one, then add jurisdictions as revenue grows. Use our trade mark fee calculator to estimate your Nepal costs, and contact us for a discussion on international filing strategy and quotes.

Key legal differences: Nepal national registration vs foreign registrations

A realistic Nepal example: from Kathmandu to three continents

Imagine a Kathmandu-based coffee company, "Himal Brew," that roasts single-origin beans and sells packaged coffee in Nepal, with plans to export to Japan, Australia and the UAE. Here is how national and international protection play out in practice:

Step 1 — Nepal first. Himal Brew files with the DoI for its wordmark "Himal Brew" and its mountain-sun logo in Class 30 (coffee, tea). The application is examined, published in the Industrial Property Bulletin, and — with no opposition — a registration certificate issues after about 13 months. The brand is now protected in Nepal for 7 years.

Step 2 — The Paris Convention window. Within 6 months of the Nepal filing date, Himal Brew instructs agents in Japan, Australia and the UAE to file trade mark applications in each country, claiming priority from the Nepal application. Each country examines independently. Australia raises a minor descriptiveness query on "Brew" — the local agent responds with evidence of acquired distinctiveness. Japan and the UAE proceed without objection. By month 10, Himal Brew has registrations pending or granted in all three export markets, all anchored to that first Nepal filing date.

Step 3 — Ongoing management. The Nepal registration renews every 7 years. The Japanese registration renews every 10 years. The UAE registration runs on a 10-year term but has different renewal deadlines. Himal Brew tracks each separately — and that is the reality of international trade mark management: multiple calendars, multiple agents, multiple rules.

Common mistakes businesses make when thinking about international protection

• Assuming the Nepal registration covers exports. It does not. A Nepal certificate stops infringement in Birgunj, not in Bangalore or Birmingham.
• Waiting until the Nepal certificate issues before filing abroad. You lose months of the Paris Convention priority window. File abroad using your Nepal application number as soon as you have a filing date.
• Filing in too many countries at once. Budget gets stretched, and marks in markets you never enter sit unused and may become vulnerable to cancellation. Prioritise.
• Skipping the DoI trade mark search. A conflict at the examination stage can delay your Nepal registration and cascade into missed priority deadlines overseas. Search first — use our trade mark database search.
• Not checking whether your mark means something negative in the target language. A wordmark that sounds fine in Nepali or English might have an embarrassing or descriptive meaning in Japanese, Arabic or Chinese. Get a native-speaker check before filing.

How international protection works when foreign businesses want coverage in Nepal

The same principle applies in reverse. A foreign company that wants to protect its brand in Nepal must file a national application with the DoI through a Nepal-based agent. They cannot extend a Madrid registration to Nepal because Nepal is not a member. They cannot rely on a US, EU or Indian registration. They need a separate Nepal filing, examined under the PDTA, published in the Industrial Property Bulletin, and subject to the same 90-day opposition window.

The foreign applicant submits a notarised copy of its home registration certificate (in English), a Power of Attorney attested by two witnesses, and four specimens of the mark. If they filed at home within the last 6 months, they can claim Paris Convention priority and backdate their Nepal application. The DoI then examines on its own merits — a registration overseas does not guarantee acceptance in Nepal.

In short

National trade mark protection gives you exclusive rights inside Nepal. International protection is not a single filing — it is a deliberate, country-by-country strategy built on top of your Nepal registration. Because Nepal is outside the Madrid System and operates under the first-to-file rule, the sequence matters: register at home first, claim Paris Convention priority, and file in target export markets within 6 months. Our team can guide you through the Nepal filing and coordinate with trusted agents abroad — start with a conversation here.

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Ready to protect your brand at home and abroad? Start by checking whether your mark is available on the Nepal register — search the trade mark database now — then tell us about your export plans, and we will map the registration strategy that fits your timeline and budget.