The trademark application form submitted to Nepal's Department of Industry (DoI) is the single document that starts your legal ownership of a brand. Filed under the Patent, Design and Trade Mark Act 1965, it captures your identity, your mark, and the class of goods or services you claim — and together with the required attachments, it sets a registration process that typically takes 12 to 14 months when unopposed.
Key Takeaways
- The form is a Schedule 1(c) application under the Patent, Design and Trade Mark Act 1965, filed with the DoI.
- You must submit four specimens of the mark along with the completed form.
- Nepal follows the NICE Classification — one form covers one class; a multi-class brand needs multiple applications.
- A notarised Power of Attorney is mandatory, even for domestic applicants, and must be attested by two witnesses.
- Foreign applicants must also attach a notarised home registration certificate in English.
- Once filed, the DoI examines, publishes the mark in the Industrial Property Bulletin, and opens a 90-day opposition window.
- A correctly filled form with complete attachments is the single biggest factor in avoiding months of delay.
What exactly is the trademark application form?
The trademark application form is the Schedule 1(c) document prescribed under the Patent, Design and Trade Mark Act 1965. It captures your identity as the applicant, a representation of the mark, and the class of goods or services you are claiming. In Nepal, filing this form locks in your first-to-file priority date — the moment the DoI receives a complete application, your claim takes precedence over anyone who files later, even if they used the mark first in the marketplace.
A common mistake is treating the form as routine paperwork. It is not. The way you describe your goods or services on it directly determines the scope of your exclusive right. A vague description opens the door to narrower protection or an examiner's objection. A precise one gives you a defensible registered mark.
What information does the form ask for?
The DoI's form requires four core blocks of information. First, applicant details — full name, address, and nationality. If the applicant is a company, you also include its registration number and place of incorporation. Second, the mark itself — you indicate whether it is a wordmark, a logo, a label, or a combination, and you attach four identical specimens. Third, the NICE class number and a clear specification of the goods or services. Fourth, a priority claim if you are relying on an earlier foreign filing under the Paris Convention — you need to state the country, date, and application number of that first filing.
The form also includes a declaration that the information is true and that you believe the mark is entitled to registration. This is not boilerplate — a false declaration can be grounds for cancellation later.
Who files the form — and who can sign it?
The form can be filed by the trademark owner or by a registered agent acting under a notarised Power of Attorney. In practice, most applicants — domestic and foreign — file through a Nepal-based representative who understands the DoI's procedural expectations. The Power of Attorney must be signed by the applicant, sealed, and attested by two witnesses. If the applicant is a company, a board resolution authorising the filing is also typically attached.
Foreign applicants without a presence in Nepal must file through a local agent. There is no workaround. Nepal is not a member of the Madrid System, so you cannot extend an international registration — a direct filing with the DoI is the only route.
Which documents must accompany the form?
The completed form never travels alone. For a domestic applicant, the standard bundle includes the notarised Power of Attorney, the board resolution (for companies), four specimens of the mark, a certificate of industry registration, and the latest tax clearance certificate. For a foreign applicant, you add one critical document: a notarised and certified copy of your home registration certificate for the same trademark, translated into English if it is in another language.
If you are claiming convention priority, you also attach a notarised copy of the foreign filing receipt showing the earlier date. Missing any of these documents is the most frequent reason the DoI puts an application on hold. Our trademark filing service includes a document checklist review specifically to catch gaps before submission.
How do NICE classes work with the form?
Nepal follows the NICE Classification — 34 classes for goods and 11 for services — and one application form covers exactly one class. If your brand spans, say, clothing (Class 25) and retail store services (Class 35), you complete two separate forms, each with its own set of specimens and its own government filing fee. This is a hard rule under the Act, not a preference.
Choosing the right class is where many first-time filers stumble. The IP Sewa trademark dataset, drawn from 120 Industrial Property Bulletin issues, shows that Class 30 (coffee, tea, spices, and staple foods) is the most-filed class, followed by Class 33 (alcoholic beverages), Class 3 (cosmetics and cleaning), Class 5 (pharmaceuticals), and Class 35 (advertising, retail, and business services). A tea brand might assume Class 30 covers everything, but if you also run a tea-house, you need Class 43 for the café service. If you sell branded merchandise like mugs, Class 21 enters the picture. Use the NICE Class Finder to search by product or service and confirm your class before you fill out the form.
Step-by-step: how to complete and file the form
- Search before you write. Run a DoI trademark search for conflicting marks. The form does not ask for a search report, but discovering a conflict after you have paid the fee and waited months is painful. Use the trademark search tool to check wordmarks and decide whether to proceed.
- Identify the correct NICE class. Pin down the single class that matches your core goods or services. If you need two classes, accept that you will file two forms now — it is cheaper than fighting an objection later.
- Prepare the specimens. Print four identical, clear representations of your mark. For wordmarks, a plain-text rendering is fine. For logos or labels, use high-quality prints that match exactly what you will use in commerce.
- Complete the Schedule 1(c) form. Fill in every field — applicant name and address, mark description, class number, goods/services specification, and any priority claim. Be precise with your specification; "clothing" is weaker than "men's and women's woven shirts, trousers, and jackets."
- Gather and notarise the supporting documents. Get the Power of Attorney notarised with two witnesses. For a company, obtain the board resolution. Foreign filers, get your home certificate notarised and translated.
- Submit to the DoI and pay the application fee. The form, attachments, and fee go to the Department of Industry. You will receive an acknowledgment with a filing number — keep it safe; it is your reference for everything that follows.
- Respond to any examiner's queries. If the DoI raises an objection — similarity to an existing mark, a vague specification, or a missing document — you will have a window to respond. A well-prepared form usually avoids this, but if it happens, reply promptly with a clear argument or corrected documents.
- Wait for publication and the opposition window. Once the examiner is satisfied, your mark is published in the Industrial Property Bulletin. Third parties have 90 days to oppose. If none do, you proceed to registration.
| Stage | What happens | Typical timing |
|---|---|---|
| Form filing | Application submitted to DoI with documents and fee | Day 0 |
| Formality check | DoI verifies all fields and attachments are complete | 1–2 weeks |
| Substantive examination | Examiner checks distinctiveness and conflicts | Several months |
| Publication | Mark published in the Industrial Property Bulletin | ~6–8 months from filing (favourable) or later |
| Opposition window | 90 days for third parties to object | 90 days from publication |
| Registration | Certificate issued; term of 7 years begins | ~12–14 months total (typical, unopposed) |
What common mistakes delay or derail the form?
The form itself is straightforward, but small errors have big consequences. The most frequent mistake is a vague goods/services specification — writing "food products" instead of listing specific items like "instant noodles, spices, and ready-to-eat snack bars." The examiner will issue a deficiency notice, and you will lose weeks clarifying it.
Another common slip is mismatched specimens. If the form describes a wordmark but the attached label shows a stylised logo, the examiner treats them as inconsistent. The four specimens must be identical to each other and must match the description on the form exactly. We also see applicants forget the board resolution — companies need it, and the DoI will not proceed without it. Finally, foreign applicants sometimes submit a home registration certificate that has not been notarised or translated — both steps are mandatory.
A realistic Nepal example: "Himali Chiya" files its form
Imagine a Kathmandu-based tea company, Himali Chiya, launching a packaged orthodox tea. They want to protect the brand name "Himali Chiya" as a wordmark. They search the DoI database, find no conflict, and determine their core product falls under Class 30 (tea). They complete the Schedule 1(c) form, specifying "processed tea leaves, tea-based beverages, and herbal infusions." They print four identical label specimens showing the brand name in English and Devanagari.
They attach a notarised Power of Attorney with two witnesses, their company board resolution, their industry registration certificate, and the latest tax clearance letter. The bundle goes to the DoI. Because they were precise with the specification and complete with the documents, the examination passes without objection. Eight months later the mark is published, no one opposes within 90 days, and at around the 13-month mark they hold a registration certificate — exclusive rights to "Himali Chiya" for tea in Nepal, valid for seven years and renewable for further seven-year terms indefinitely.
How does the form relate to the legal framework?
The Patent, Design and Trade Mark Act 1965 requires every trademark application to be made in the prescribed form. The Act then sets the substantive examination and registration criteria and mandates publication in the Bulletin with an opposition window. The form is the procedural gateway to the entire statutory scheme — without a properly completed Schedule 1(c), the DoI has no basis to begin the examination the Act requires.
Nepal's classification system aligns with the NICE Classification administered by WIPO, which Nepal follows despite not being a Madrid member. The single-class-per-form rule comes directly from the Act. For the authoritative text of the statute, consult the Nepal Law Commission database; for procedural updates, the Department of Industry website publishes notices.
What if your situation does not fit the standard form?
If you are claiming priority from a foreign filing under the Paris Convention, you tick the priority box on the form and attach the notarised foreign filing receipt. The six-month priority window is strict — miss it and you lose the earlier date. If you are filing variations of the same core mark, each variation needs its own form and its own fee — Nepal does not have a single series-mark application. If the mark is in a non-Nepali script, you may need to provide a transliteration and, in some cases, a translation, noted on the form itself. For marks that include a three-dimensional shape or a sound, the DoI will expect a graphic representation attached as a specimen — a line drawing for a 3D mark, or musical notation for a sound mark. These edge cases benefit from professional preparation; our trademark registration service handles non-standard filings routinely.
In short, the trademark application form is deceptively simple but procedurally weighty. Get the class right, the specimens consistent, the documents complete, and the specification precise — and you have laid the foundation for a smooth registration. Rush any of those elements, and you will meet the examiner's query letter.
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Ready to file? Search the DoI database first to check if your mark is clear, then get your application prepared and filed with a complete, examiner-ready bundle. If you are unsure about any field on the form, reach out and we will walk you through it — no charge for the conversation.
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