The Madrid System: One Trademark, Many Countries

Nepal is not a member of the Madrid System. The international trademark registration system administered by WIPO does not extend to Nepal, so a Madrid Protocol filing cannot designate or cover Nepali territory. To secure trademark rights in Nepal, a foreign business must file an application directly with the Department of Industry (DoI) through a Nepal-based agent.

Key Takeaways

• Nepal has not joined the Madrid Agreement or Madrid Protocol, and there is no announced timeline for accession.
• An international registration through WIPO offers zero protection in Nepal.
• Foreign applicants must file directly with the Department of Industry under the Patent, Design and Trademark Act 1965.
• Filing requires a notarised Power of Attorney, home-country registration certificate, and a local agent.
• Nepal follows a first-to-file system; rights belong to whoever files a valid application first, not the first user.
• The process takes about 12–14 months, and a registered trademark is valid for 7 years, renewable indefinitely.
• IP Sewa helps foreign businesses and their counsel manage direct Nepal filings, from search through registration.

What is the Madrid System for international trademark registration?

The Madrid System, administered by the World Intellectual Property Organization (WIPO), lets a trademark owner file one international application and designate multiple member countries where they want protection. It is governed by two treaties — the Madrid Agreement (1891) and the Madrid Protocol (1989). Today the Protocol dominates, with over 130 countries covering more than 80% of global trade. A business based in a member country can use its home application or registration as a basis, pay one set of fees in one language, and manage renewals and changes centrally through WIPO. It simplifies what would otherwise be dozens of separate national filings.

Is Nepal a member of the Madrid System?

No. Nepal has not acceded to either the Madrid Agreement or the Madrid Protocol. The Department of Industry confirms that international trademark registrations through WIPO do not extend to Nepal. This means an Indian, American, European, or Chinese company holding a Madrid international registration has no trademark rights in Nepal unless it also files a separate national application directly with the DoI. Nepal's IP framework — the Patent, Design and Trademark Act 1965 (PDTA) — governs all trademark matters within the country, and it does not recognise Madrid designations.

Why has Nepal not joined the Madrid Protocol?

Accession to the Madrid Protocol requires domestic legal and procedural infrastructure that aligns with the treaty's obligations — a modernised trademark office, electronic filing systems capable of communicating with WIPO's Madrid IT platform, and statutory amendments to accommodate international classifications and examination timelines. Nepal's IP administration is still evolving. The DoI operates with limited digitisation, and the current Act dates to 1965 with piecemeal amendments. There is no official government statement setting a target date for Madrid accession, though Nepal's WIPO membership and TRIPS obligations keep IP reform on the long-term agenda. In practice, businesses should plan on direct filing for the foreseeable future.

How does a foreign business register a trademark in Nepal without Madrid?

Foreign applicants file a national trademark application directly with the Department of Industry. Because Nepal is not in the Madrid System, this is the only route. The process under the PDTA follows the same steps a domestic applicant follows, with two extra requirements: the foreign applicant must appoint a Nepal-based agent through a notarised Power of Attorney, and must submit a certified copy of the home-country registration certificate, translated into English if needed.

Step-by-step: direct trademark filing in Nepal for foreign applicants

1. Search the trademark database. Before filing, search the DoI records for conflicting marks. Our trademark database search helps identify prior registrations or pending applications that could block yours.
2. Determine the correct NICE class. Nepal uses the NICE Classification — one application covers one class. Use the NICE class finder to identify the right class for your goods or services.
3. Prepare documents. You need the application form, four specimens of the mark, a notarised Power of Attorney appointing a Nepal-based agent, a board resolution of the applicant company, and a notarised copy of the home registration certificate in English.
4. File with the DoI. Your local agent submits the application to the Department of Industry and pays the government application fee.
5. Examination. The DoI examines the mark for distinctiveness and conflicts with existing registrations. If it raises an objection, you get an opportunity to respond.
6. Publication in the Industrial Property Bulletin. If the mark passes examination, the DoI publishes it. A 90-day opposition window opens — any third party can object.
7. Registration and certificate. If no opposition is filed, or if the opposition is resolved in your favour, you pay the registration fee and receive the registration certificate. The mark is now protected in Nepal for 7 years.

What documents does a foreign applicant need?

A foreign trademark owner filing in Nepal needs the standard application form plus several additional documents not required of domestic applicants. You must provide a notarised Power of Attorney, signed by the applicant, sealed, and attested by two witnesses, appointing a Nepal-based representative. You also need a board resolution of the applicant company authorising the filing, and a notarised or certified copy of your home-country trademark registration certificate, translated into English if it is in another language. Four clear specimens of the mark must accompany the application. Our team can help you assemble and notarise these documents correctly — reach out for guidance.

Timeline for a direct Nepal trademark filing

A direct trademark application in Nepal typically takes about 12–14 months from filing to registration, assuming no oppositions or major examination objections. In the smoothest cases — where the mark is clearly distinctive and no third party opposes — the process can finish in roughly 6–8 months. The biggest variable is the opposition period: if a third party files an objection during the 90-day window after publication, the DoI conducts an inquiry, and resolution can add several months or more. There is no expedited procedure.

Nepal uses a first-to-file system — what that means for foreign brands

Nepal is a first-to-file jurisdiction. The person or company that files a valid trademark application first gets the right, regardless of who used the mark first in commerce. This is the single most important rule for foreign brands to understand. If you have been selling products in Nepal under an unregistered brand name, someone else could file that mark and obtain legal ownership. Unlike common-law countries that recognise unregistered rights through passing-off actions, Nepal's PDTA ties title squarely to registration. File early — before you enter the market, if possible — or risk losing your brand name to a local filer.

Which NICE classes apply to a foreign filing in Nepal?

Nepal uses the full NICE Classification system, Classes 1 through 45. A single application covers one class; a brand spanning multiple classes must file a separate application for each. Foreign applicants typically file in the same class or classes where their home registration exists, but it is worth reviewing the local market reality — you might need additional classes for retail services (Class 35), online platforms, or aftersales services that your home registration does not cover. A common mistake we see is a foreign brand filing only for goods when they also operate branded service centres or cafés in Nepal. Use our AI NICE classifier to map your activities to the correct classes before filing.

Renewal and maintenance of a Nepal trademark

A registered trademark in Nepal is valid for 7 years from the date of registration, renewable for further 7-year terms indefinitely. Renewal must be filed within 35 days of expiry. There is a 6-month late grace period, after which the registration is automatically cancelled. Because Madrid System centralised renewal does not cover Nepal, a foreign brand must track its Nepal renewal deadlines separately and instruct its local agent to file on time. IP Sewa can assist with trademark renewal in Nepal, but we do not offer an automated watch or monitoring service — the responsibility to track the deadline rests with the owner or its counsel.

Can a Madrid applicant claim priority in Nepal?

Nepal is a member of the Paris Convention for the Protection of Industrial Property, which entitles an applicant to claim priority based on a first filing in another Paris Convention country. If you file in Nepal within six months of your home-country or Madrid basic application, you can claim that earlier date as your priority date. The priority claim helps protect your filing position in Nepal against intervening third-party applications. You must submit a certified copy of the priority application, translated into English if needed, at the time of filing.

Common mistakes foreign applicants make when filing in Nepal

• Assuming Madrid covers Nepal. It does not. Every year, brands discover this gap only when a local party registers their name. A separate Nepal filing is non-negotiable.
• Waiting until after market entry. In a first-to-file system, delay is dangerous. File as early as possible — ideally before your product reaches the Nepali market.
• Filing in the wrong class. A home registration in Class 25 for clothing does not protect a branded retail store in Nepal. Check whether you need Class 35 for retail services too.
• Incomplete documentation. A missing notarisation, an unsigned Power of Attorney, or an untranslated home certificate can stall an application for weeks.
• Not enforcing against local squatters. Registration gives you the right to act. If a local business uses your mark without permission, opposition and enforcement options exist, but you must initiate them.

A realistic example: a French skincare brand entering Nepal

Imagine a French company, "Lysée Paris," that sells premium skincare in Class 3. It holds a Madrid international registration designating the EU, the US, and several Asian countries — but not Nepal, because Madrid does not cover Nepal. The company plans to start selling through a Kathmandu distributor. Before shipping a single product, it conducts a trademark search in Nepal and discovers a local trader has already registered a phonetically similar name, "Lise," also in Class 3. Because Nepal is first-to-file, that local registration blocks the French brand's entry. Lysée Paris now has two options: negotiate with the local registrant for an assignment, or adopt and register a different mark for the Nepali market. If it had filed directly in Nepal two years earlier when it first considered expansion, it would own the name and have no problem. This scenario plays out regularly — and it is entirely avoidable with an early direct filing.

What legal framework governs trademarks in Nepal?

Trademark protection in Nepal is governed by the Patent, Design and Trademark Act 1965 (PDTA), as amended. The Act defines a trademark, sets out the registration procedure, specifies grounds for refusal, establishes the 7-year term and renewal structure, and provides for opposition and cancellation. The Department of Industry, under the Ministry of Industry, Commerce and Supplies, is the administering authority and also acts as a quasi-judicial body for trademark disputes. The Industrial Property Bulletin is the official gazette for publication of trademark applications. Nepal is a member of WIPO, the Paris Convention, and TRIPS, but — critically — not the Madrid System.

In short, if you want trademark protection in Nepal, you need a direct national filing. The Madrid System does not reach Nepal, and there is no announced timeline for accession. A first-to-file system and a 12–14-month processing timeline make early action essential. The documents, class selection, and local agent requirement are manageable with the right help — and the 7-year renewable term provides durable protection once registered.

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If you hold a Madrid international registration and need to extend protection to Nepal, or if you are entering the Nepali market and want to file directly, start with a trademark search to check for conflicts, then contact our team to discuss your filing. We handle the full process — from document preparation and agent appointment through to registration — for foreign applicants who cannot file through Madrid.