Every trademark application filed with Nepal's Department of Industry (DoI) must include a notarised Power of Attorney — a formal document that authorises a local agent or representative to act on your behalf. Without a properly executed POA, the DoI will not process your application, no matter how strong your brand is.
Key Takeaways
- A notarised Power of Attorney (POA) is mandatory for every trademark filing in Nepal — both domestic and foreign applicants must submit one.
- The POA must be signed by the applicant, notarised, and attested by two witnesses; missing any element causes rejection.
- Foreign applicants must file through a Nepal-based agent — they cannot apply directly, and the POA is what grants the agent legal standing before the DoI.
- A separate POA is needed per application, per class — one POA doesn't cover multiple marks or a mark spanning several NICE classes.
- The document stays on file and empowers the agent throughout the examination, publication, opposition, and registration stages.
- Poorly drafted POAs are one of the most common reasons for office objections and processing delays in Nepal.
What is a Power of Attorney for trademark filing in Nepal?
A Power of Attorney for trademark filing is a legal document that gives a Nepal-based agent or law firm the authority to submit, manage, and follow through on your trade mark application at the Department of Industry. Under the Patent, Design and Trade Mark Act 1965 (PDTA), anyone filing from outside Nepal — and in practice, even most domestic companies — uses an agent. The POA is the proof the DoI needs that the agent has your permission to act. Without it, there is simply no valid filing.
Why does the DoI require a notarised POA?
The Department of Industry acts as a quasi-judicial body for industrial property rights, and it needs a clear, verifiable record of who speaks for the applicant. A notarised POA — signed by the applicant, sealed by a notary public, and attested by two witnesses — meets that standard. It prevents unauthorised filings, protects brand owners from rogue agents, and gives the DoI a single point of contact during examination, opposition proceedings, and final registration. This requirement applies whether you're a Birgunj-based manufacturer or a foreign company filing through the Paris Convention priority route.
Who needs to sign the POA?
If the applicant is an individual, that person signs. If the applicant is a company, the authorised signatory — typically a managing director or director named in the board resolution — must sign. The POA then goes before a notary public who verifies the signatory's identity and applies their official seal. Two independent witnesses must also sign and provide their details. In Nepal, a common mistake is having a junior employee sign without proper board authorisation; the DoI checks consistency between the POA signatory and the board resolution, and mismatches trigger an office objection.
What documents does the POA package include?
A complete trademark application in Nepal requires the POA plus several supporting documents. This package is what the DoI examiner reviews before publishing the mark in the Industrial Property Bulletin. For a domestic applicant, you'll need the application form, the notarised POA, a board resolution of the company, the trademark label or specimen, a certificate of industry, and the latest tax clearance letter. Foreign applicants swap the industry certificate and tax clearance for a notarised copy of the home registration certificate in English, plus the notarised POA. Our team can help you prepare this package correctly — reach out at our contact page.
| Document | Domestic Applicant | Foreign Applicant |
|---|---|---|
| Application form | Required | Required |
| Notarised Power of Attorney | Required | Required |
| Board resolution | Required | Required |
| Trademark label / specimen | Required | Required |
| Certificate of industry | Required | — |
| Latest tax clearance letter | Required | — |
| Notarised home registration certificate (English) | — | Required |
| Priority document (if claiming Paris Convention priority) | If applicable | If applicable |
How does the POA fit into the Nepal trademark registration process?
The POA isn't a one-time formality — it underpins every stage of the registration process under the PDTA. Here's exactly where it matters, in sequence:
- File the application. You submit the application form, POA, and supporting documents to the DoI. The POA identifies who has legal standing to file.
- DoI examination. The examiner reviews the application for completeness — including the POA's notarisation, witness attestations, and signatory match with the board resolution.
- Respond to objections. If the examiner raises a query about the mark's distinctiveness or a conflicting registered mark, your authorised agent responds using the authority granted by the POA.
- Publication in the Industrial Property Bulletin. Once the application clears examination, the DoI publishes the mark. Your agent monitors the 90-day opposition window on your behalf.
- Opposition and hearing. If a third party files an opposition within the 90 days, the DoI conducts an inquiry. Your agent attends, submits evidence, and argues under the authority of the same POA.
- Registration and certificate. If unopposed — or once the opposition is resolved in your favour — the agent pays the registration fee, and the DoI issues the certificate under Sec. 18 of the Act.
How long is a POA valid for in Nepal?
The POA remains valid for the life of the trademark application and, if the agent is also handling renewal, through the registration term. A registered mark in Nepal lasts 7 years from the date of registration, renewable for further 7-year terms indefinitely. For renewals, a fresh POA is usually not needed if the same agent continues — but if you change agents, the new representative will need a new notarised POA. It's wise to keep the original notarised copy safe; the DoI can ask for it even years later if a question about agency arises during a post-registration dispute.
Common mistakes that get a POA rejected by the DoI
A flawed POA is one of the top reasons a Nepal trademark application stalls before examination even begins. We see the same errors repeat. A signature from someone not authorised in the board resolution — often a department head who handles day-to-day IP matters but lacks board-level authority — is a fast track to an office objection. Missing or incomplete notarisation is another; the DoI expects a clear notary seal, date, and registration number. Witnesses who don't print their full names and addresses alongside their signatures will cause the POA to be rejected. And for foreign applicants, a POA notarised in a language other than English without a certified translation attached is simply not processed. Getting the POA right the first time saves weeks of delay.
Does a foreign applicant need a different type of POA?
The POA format is the same, but the stakes are higher for foreign applicants because Nepal is not a member of the Madrid System. There is no WIPO-based international filing route — every foreign application must be filed directly with the DoI through a Nepal-based agent, and the notarised POA is the only document that establishes that agency relationship. Foreign applicants also typically need to couple the POA with a notarised copy of their home trademark registration certificate, translated into English if it's in another language. If you're claiming priority under the Paris Convention, the priority document must accompany the application and the POA ties the whole package to your local representative. The timeline is the same — about 12 to 14 months end-to-end when unopposed — but the document preparation takes longer, so starting the POA process early is practical.
Can one POA cover multiple trademark applications?
No. In Nepal, one trademark application covers one mark in one NICE class. Since each application is a separate proceeding before the DoI, each needs its own POA. If you're filing a word mark in Class 25 and a logo mark in Class 25, that's two applications and two POAs. If you're registering the same brand across Class 25 (clothing), Class 35 (retail services), and Class 43 (restaurant services), that's three applications and three POAs. This per-application rule catches many first-time filers off guard. Before you start, it helps to know exactly which classes your brand needs — use our NICE class finder to map your goods and services.
A realistic example: a US-based apparel brand filing in Nepal
Imagine a California-based streetwear company called "Yatri Threads" that wants to register its name and logo in Nepal before launching through Kathmandu retailers. The owner signs a POA in front of a California notary, with two colleagues as witnesses — both printing their full names and addresses. The board resolution confirms the owner as the authorised signatory. The home registration certificate from the USPTO is notarised and attached. The entire package reaches the Nepal-based agent, who files with the DoI. The mark gets examined, published in the Industrial Property Bulletin, clears the 90-day opposition window, and a registration certificate follows about 13 months later. Had the POA been signed by the marketing manager instead of the owner, the DoI would have objected — and that single error could have added months to the timeline.
How the POA connects to trademark search and strategy
Filing a POA is one of the last preparation steps — it should come after you've confirmed your mark is actually available. A trademark database search of the DoI's register tells you whether an identical or confusingly similar mark already exists in your target NICE class. If a conflict shows up, you can pivot your brand name or strategy before you spend time and money notarising a POA for a doomed application. Nepal is a first-to-file jurisdiction under Sec. 21 of the PDTA — rights go to whoever files the first valid application, not whoever used the mark first. A properly executed POA combined with a clean search report is the strongest possible starting position.
What if you change agents mid-process?
It happens — sometimes a business relationship shifts or a company wants to consolidate its Nepal filings under a single representative. To change agents during an active application, the new agent files a fresh notarised POA with the DoI, explicitly revoking the previous one. The DoI then updates its records and directs all future correspondence to the new representative. The change doesn't reset the application timeline, but it can briefly slow things down while the DoI processes the substitution. If the mark is already published and in the 90-day opposition window, timing a change of agent is tricky — our team can help you handle a switch without missing a deadline; reach out at our contact page.
In short
The Power of Attorney isn't just paperwork — it's the legal key that unlocks the entire Nepal trademark registration process. Get it right: notarised, witnessed, signed by the right person, and paired with the correct supporting documents. Get it wrong, and your application sits. If you're ready to file — or just want someone to review your POA before you send it — start with a trademark search to check availability, then reach out through our contact page or explore our trademark registration service.
People also search for:
- Documents required for trademark registration in Nepal
- How to register a trademark in Nepal
- How long does trademark registration take in Nepal
- How much does trademark registration cost in Nepal
- How to choose the right trademark class in Nepal
- Trademark squatting and bad-faith filings in Nepal
- Trademark registration Nepal blog
Comments (0)
Leave a comment
Replying to — cancel