In Nepal, notarization and attestation are mandatory for every trademark, patent, or industrial-design application filed with the Department of Industry (DoI). The Patent, Design and Trademark Act 1965 (PDTA) requires a notarized Power of Attorney (PoA) and, for foreign applicants, a notarized home-registration certificate—both attested by two witnesses. Without these, the DoI will reject the filing.
Key Takeaways
- Every IP application in Nepal needs a notarized Power of Attorney signed by the applicant and two witnesses.
- Foreign applicants must also submit a notarized copy of their home-country trademark registration certificate.
- Notarization must be done before a notary public; attestation by two witnesses is required on the same document.
- The Department of Industry (DoI) will reject any application that lacks proper notarization or attestation.
- Nepal follows a first-to-file rule—rights start only when the application is accepted, not when the documents are notarized.
- Notarized documents must be in English or accompanied by a certified Nepali translation.
- IP Sewa’s team can help you prepare and notarize the required documents before filing.
Why notarization is required for trademark filing in Nepal
The Department of Industry (DoI) requires notarization to verify the authenticity of documents submitted for trademark registration. Under Sec. 17 of the Patent, Design and Trademark Act 1965 (PDTA), every application must include a Power of Attorney (PoA) signed by the applicant and attested by two witnesses. Notarization confirms the signature is genuine and the applicant has authorized the filing, preventing fraud and unauthorized submissions.
Which documents need notarization for trademark registration
In Nepal, two documents must be notarized for trademark registration: the Power of Attorney (PoA) and, for foreign applicants, the home-country registration certificate. The PoA must be signed by the applicant, sealed, and attested by two witnesses. The foreign certificate must be a notarized copy of the original registration, translated into English if issued in another language.
How to notarize documents for trademark filing in Nepal
To notarize documents for trademark filing, start by drafting a Power of Attorney (PoA) on plain paper, naming the applicant and the authorized representative. The applicant must sign the PoA in the presence of two witnesses, who also sign and provide their full names and addresses. Then, take the signed PoA to a notary public for notarization—this confirms the signatures are genuine.
- Draft the Power of Attorney (PoA): Write the PoA on plain paper, stating the applicant’s name, address, and the authorized representative’s details. Include the scope of authority (e.g., filing and prosecuting the trademark application).
- Sign and witness the PoA: The applicant must sign the PoA in the presence of two witnesses. The witnesses must also sign, print their full names, and provide their addresses. This attestation is mandatory under Sec. 17 of the PDTA.
- Notarize the PoA: Take the signed PoA to a notary public. The notary will verify the identities of the signatories, witness the signatures, and affix their seal and signature to the document. This step confirms the PoA is legally valid.
- Prepare foreign documents (if applicable): If you are a foreign applicant, obtain a notarized copy of your home-country trademark registration certificate. If the certificate is not in English, have it translated by a certified translator and notarize the translation.
- Submit to the Department of Industry (DoI): Attach the notarized PoA and foreign certificate (if applicable) to your trademark application. The DoI will reject any filing that lacks these documents.
Who can notarize documents for trademark filing in Nepal
In Nepal, only a licensed notary public can notarize documents for trademark filing. Notaries are appointed by the government and authorized to verify signatures, administer oaths, and certify copies of documents. You can find notaries at district courts, law firms, or private notary offices in Kathmandu and other major cities. The notary’s seal and signature confirm the document is legally valid for submission to the Department of Industry.
What happens if documents are not properly notarized
If documents are not properly notarized, the Department of Industry (DoI) will reject your trademark application. The DoI requires a notarized Power of Attorney (PoA) and, for foreign applicants, a notarized home-registration certificate—both must be attested by two witnesses. Without these, the application is incomplete and cannot proceed to examination. You will need to resubmit the documents with proper notarization, delaying the process by several months.
Notarization requirements for foreign applicants in Nepal
Foreign applicants must submit two notarized documents to the Department of Industry (DoI): a Power of Attorney (PoA) and a copy of their home-country trademark registration certificate. The PoA must be signed by the applicant, sealed, and attested by two witnesses. The foreign certificate must be a notarized copy of the original registration, translated into English if issued in another language. Both documents must be notarized before submission.
| Document | Requirements | Who notarizes |
|---|---|---|
| Power of Attorney (PoA) | Signed by applicant, sealed, attested by two witnesses | Notary public in Nepal or the applicant’s home country |
| Home registration certificate | Notarized copy of original registration, translated into English if not in English | Notary public in the applicant’s home country |
How long does notarization take for trademark documents
Notarization for trademark documents in Nepal typically takes 1–2 days. The process involves drafting the Power of Attorney (PoA), signing it in front of two witnesses, and visiting a notary public for verification. If you are a foreign applicant, notarizing your home-country registration certificate may take longer, depending on the notary’s availability and whether a translation is needed. Plan for at least a week to complete all steps.
Where to get documents notarized in Nepal
In Nepal, you can get documents notarized at district courts, law firms, or private notary offices. The Department of Industry (DoI) does not provide notarization services—you must use a licensed notary public. In Kathmandu, notaries are available at the District Court in Patan, law firms in Lazimpat, and private offices in New Baneshwor. Outside Kathmandu, district courts in Pokhara, Biratnagar, and other major cities also offer notary services.
Common mistakes to avoid in notarization for trademark filing
A common mistake is submitting a Power of Attorney (PoA) without the required two witness signatures. The Department of Industry (DoI) will reject the application if the PoA lacks attestation. Another mistake is using a PoA that is not notarized—self-attested documents are not accepted. Foreign applicants often forget to translate their home-registration certificate into English or fail to notarize the translation, leading to delays.
- Missing witness signatures: The PoA must be signed by the applicant and two witnesses. Without both signatures, the DoI will reject the application.
- Unnotarized documents: The PoA and foreign registration certificate must be notarized. Self-attested documents are not accepted.
- Incorrect translation: Foreign documents must be translated into English and notarized. Untranslated documents will not be accepted.
- Expired notarization: Notarization must be recent—documents notarized more than six months ago may be rejected.
- Incomplete PoA: The PoA must clearly state the applicant’s name, address, and the scope of authority. Vague language can lead to rejection.
Notarization vs attestation: what’s the difference for IP filing
Notarization and attestation serve different purposes in IP filing. Notarization is performed by a licensed notary public, who verifies the identity of the signatories and confirms the document’s authenticity with a seal and signature. Attestation, on the other hand, is done by two witnesses who sign the document to confirm they saw the applicant sign it. For trademark filings in Nepal, both are required—the Power of Attorney must be notarized and attested by two witnesses.
| Process | Who performs it | Purpose |
|---|---|---|
| Notarization | Licensed notary public | Verifies identity and authenticity of signatures |
| Attestation | Two witnesses | Confirms the applicant signed the document in their presence |
Legal basis for notarization in Nepal’s IP law
The legal basis for notarization in Nepal’s IP law is found in Sec. 17 of the Patent, Design and Trademark Act 1965 (PDTA). This section requires every trademark application to include a Power of Attorney (PoA) signed by the applicant and attested by two witnesses. The Act does not explicitly mention notarization, but the Department of Industry (DoI) enforces it as a standard practice to prevent fraud and ensure document authenticity. The Trademark Directives 2072 also support this requirement.
How IP Sewa can help with notarization for trademark filing
IP Sewa’s team can help you prepare and notarize the documents required for trademark filing in Nepal. We draft the Power of Attorney (PoA) to meet the Department of Industry’s (DoI) requirements, arrange for two witnesses, and coordinate with a licensed notary public to complete the process. For foreign applicants, we also assist with notarizing and translating the home-registration certificate. Contact us to ensure your documents are properly prepared before submission.
Notarization requirements for patents and industrial designs in Nepal
Patents and industrial designs in Nepal also require notarization. Like trademarks, every application must include a notarized Power of Attorney (PoA) signed by the applicant and attested by two witnesses. Foreign applicants must submit a notarized copy of their home-country patent or design registration certificate, translated into English if necessary. The Department of Industry (DoI) treats these documents the same way it treats trademark filings—without proper notarization, the application will be rejected.
In short
- Notarization is mandatory for all IP filings in Nepal—trademarks, patents, and industrial designs.
- The Power of Attorney (PoA) must be signed, sealed, and attested by two witnesses before notarization.
- Foreign applicants must also submit a notarized copy of their home-country registration certificate.
- The Department of Industry (DoI) will reject any application that lacks proper notarization or attestation.
- IP Sewa’s team can help you prepare and notarize the required documents before filing.
- People also search for: What documents are required for trademark registration in Nepal?, How to register a trademark in Nepal step by step, IP registration requirements in Nepal for foreign applicants, How long does trademark registration take in Nepal?, How to choose the right trademark class in Nepal, Trademark squatting and bad-faith filings in Nepal, More guides on trademark registration in Nepal
Ready to file your trademark? Start with a trademark conflict check to avoid delays. Need help with notarization or document preparation? Contact our team or use our NICE class finder to select the right class for your mark.
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