The Nepal Trademark Application Form, Field by Field

The Nepal trademark application form is the Schedule 1(c) form filed with the Department of Industry (DoI) under the Patent, Design and Trade Mark Act 1965. It identifies your mark, owner, and NICE class. The full process usually takes about 12–14 months when unopposed.

Key Takeaways

The Schedule 1(c) form starts trademark registration in Nepal. It records the applicant, mark, goods or services, class, and any Paris Convention priority claim. The DoI examines the filing, publishes it in the Industrial Property Bulletin, allows opposition, and issues a certificate if the application succeeds.

• Schedule 1(c) is the prescribed Nepal trademark application form.
• Nepal follows a first-to-file system, so an earlier valid filing normally matters more than earlier marketplace use.
• One application covers one NICE class; a multi-class brand requires separate applications.
• Four specimens or labels of the mark accompany the application.
• A notarised Power of Attorney, signed and witnessed as required, is used when an agent files.
• Foreign applicants generally need a Nepal-based representative because Nepal is outside the Madrid System.
• The DoI publishes an accepted mark before the 90-day trademark opposition period begins.

What is the Nepal trademark application form?

The Schedule 1(c) form records your legal claim to a mark. Under Sec. 17 of the Patent, Design and Trade Mark Act 1965, an applicant submits the prescribed application with the mark specimens and applicable filing requirements. The form does not itself create registration, but it begins the DoI process and establishes your filing record.

A trademark is a word, symbol, picture, or combination used to distinguish your goods or services. That can include a company brand, product name, logo, label, slogan, or combined word-and-device mark. A business name recorded with the Office of the Company Registrar (OCR) is not automatically a registered trademark. OCR incorporation and trademark protection solve different problems.

Nepal is first-to-file. In practical terms, you should not wait for years of trading before filing. Earlier use may support a dispute or other legal argument, but it does not remove the risk created by another party filing first. Publicly releasing a name or logo before clearance can also create avoidable conflict.

Which fields appear on Schedule 1(c)?

Schedule 1(c) asks for four core details: owner, mark, class, and claim. The applicant section identifies the person, firm, or company. The mark section identifies the wordmark, logo, label, or combination. The classification section states one NICE class and its goods or services. A priority section records an earlier foreign filing where applicable.

Applicant or owner details

Use the owner’s exact legal name and address. For a company, match the name shown on its corporate documents. Do not file in a founder’s personal name merely because that person created the brand if the company owns and uses it. An assignment may later be needed, creating extra work and a chain-of-title issue.

Give a usable address and consistent contact information. Spelling differences between the form, Power of Attorney, industry certificate, and tax documents can lead to queries. If the applicant is an individual, provide the requested personal identity and nationality details. If it is a firm or company, provide the relevant registration and incorporation information.

Representation of the mark

Describe what you are registering. A wordmark protects the words in the form filed. A logo or label application protects the visual representation submitted. A combined application may cover both elements together, but changing the design later can require a new filing. Prepare four identical, clear specimens or labels as part of the trademark documents Nepal applicants submit.

Choose the version you genuinely intend to use. If your logo has a red mountain, Nepali lettering, or a distinctive illustrated cup, the specimens should show those features clearly. Avoid filing a decorative version while using a materially different mark in shops, packaging, or online advertising.

Goods, services, and the class

State the goods or services with enough detail to show what the mark covers. “Food” is broad; a more useful description may identify packaged tea, coffee, spices, or prepared meals, depending on the actual business. The specification should be accurate, not inflated. You cannot safely use one application to claim every commercial activity.

Priority claim and declaration

If you claim Paris Convention priority, state the earlier country, filing date, and application number. Attach the certified or notarised foreign filing record in English, or an appropriate English translation. The declaration should be checked carefully. A careless or false statement can complicate examination, ownership, or later enforcement.

Who should file and sign the DoI trademark form?

The owner or an authorised representative may file the DoI trademark form. A Nepal-based agent can submit and handle correspondence with the Department of Industry. A Power of Attorney supports that authority. For companies, keep the corporate authorisation, signatory details, seal, and owner name consistent across the complete filing bundle.

A Power of Attorney is especially relevant for foreign applicants. Nepal is not a member of the Madrid System, so an overseas owner cannot simply extend a Madrid registration to Nepal. The owner must make a direct national filing through a Nepal-based representative. Nepal is also outside the PCT for patents, though that does not change the trademark form itself.

Domestic applicants can also use an agent. It is not a substitute for deciding who owns the mark. Before signing, confirm whether the applicant is an individual, partnership, firm, company, or foreign entity. If ownership changes after filing, recordal or assignment work may be needed.

What trademark documents does Nepal require?

The application needs the form, mark labels, authority documents, and supporting business records. Domestic and foreign bundles differ. The Department of Industry may ask for clarification, so treat this as a practical checklist rather than a promise that every file has identical requirements. Check the current document position before submission.

The Power of Attorney should be signed, sealed where relevant, notarised, and attested by two witnesses according to the filing practice applied to the matter. A foreign home registration certificate should be certified or notarised and provided in English. If the original is in another language, arrange a suitable translation.

Our trademark registration team can review the documents before filing. This is useful where the applicant name differs between OCR records, tax papers, labels, and foreign corporate records.

How do you complete and file the Nepal trademark application form?

Complete the form only after clearing the name and fixing the class. The filing sequence is straightforward, but each choice affects the scope and speed of the case. The DoI receives the application, examines it, publishes an accepted mark, allows opposition, and then issues registration if the matter clears the process.

1. Search existing marks. Search similar words, spellings, sounds, translations, and relevant logos. The official record is the key concern, not only whether your exact spelling appears. Use the Nepal trademark database search before committing to the name.
2. Choose the NICE class. Use the NICE class finder and describe the real goods or services. Class 30 may suit packaged tea, coffee, spices, and staple foods. Class 43 covers restaurant, café, and catering services. Class 35 may apply to advertising, retail, or business services. Clothing commonly falls in Class 25, cosmetics in Class 3, pharmaceuticals in Class 5, and mugs or household containers in Class 21.
3. Decide who owns the mark. Match the owner to the business that will use, license, or enforce it. Do not mix a founder’s name with a company’s documents without a clear reason.
4. Prepare the specimens and documents. Make the four labels identical. Complete the Power of Attorney, company resolution, industry records, tax document, and foreign papers where relevant.
5. Fill Schedule 1(c). Enter the applicant identity, address, mark description, class, goods or services, priority details, and declaration. Leave no unexplained blanks. Keep every spelling and date consistent.
6. File at the DoI. Submit the form, attachments, and applicable government filing requirement. Keep the acknowledgment or application number safely. A separate application is needed for each class.
7. Answer examination queries. The DoI may raise a similarity, classification, distinctiveness, or document issue. Respond within the applicable direction and do not assume silence means acceptance.
8. Follow publication and opposition. An accepted mark is published in the Industrial Property Bulletin. Any person wishing to challenge the trademark may oppose within the 90-day window. An opposition is a formal challenge, not a casual complaint.
9. Complete registration. If the matter is not blocked by a valid opposition, complete the registration stage and receive the registration certificate. Record the registration date for renewal.

Which NICE class should your application cover?

One Nepal application covers one NICE class. The NICE Classification has 45 classes: Classes 1–34 cover goods and Classes 35–45 cover services. A tea manufacturer and a tea-house may need different applications because packaged products and café services are separate commercial activities.

Think about how customers encounter the brand. A momo restaurant may need Class 43 for restaurant services. If it sells packaged frozen momos, a goods class may also matter. A clothing label may need Class 25 for garments and Class 35 for retail services. A skincare producer may consider Class 3, while a pharmacy-related business may fall in Class 5.

Do not copy a competitor’s specification without checking your own business. Overly broad wording can invite questions, while a narrow filing may leave a major business line exposed. The goods and services search tool can help you draft a clearer starting specification.

How long does DoI trademark filing take?

DoI trademark filing typically takes about 12–14 months when unopposed. A very straightforward matter may move in roughly 6–8 months, but that is the favourable end rather than the normal promise. Delays can arise during examination, document correction, Bulletin publication, opposition, or certificate processing.

What does trademark filing cost in Nepal?

The total cost depends on classes, government charges, documents, and professional work. Nepal’s one-class structure means a brand covering several classes needs several applications. Government charges and professional fees are separate. Translation, notarisation, responses to objections, opposition work, and later renewal can also affect the total.

A low-cost filing that uses the wrong class or owner can become expensive to correct. A search and clearance review before filing may prevent wasted application work. For a current estimate, use the trademark fee calculator or send the facts of your matter through IP Sewa’s contact page. Costs can change, so evergreen articles should not replace a current quotation.

What is the legal basis for the form?

The Patent, Design and Trade Mark Act 1965 governs the application and registration. Sec. 17 covers the application, Sec. 18 concerns examination and registration, and Sec. 18A requires separate applications for separate classes. Sec. 21A concerns publication and opposition, while Sec. 18D and Sec. 23B address the seven-year term and renewal.

The Act defines a trademark as a word, symbol, picture, or combination used to distinguish one firm’s, company’s, or individual’s goods or services. The DoI is the registering authority and also handles disputes within its industrial-property role. You can consult the Law Commission’s official legal materials and the Department of Industry website for official information.

Registration gives the strongest statutory basis for using a registered mark. Do not use the ® symbol as though the mark is registered before registration is complete. TM can identify a claimed mark, but it is not proof that the DoI has issued a certificate.

What mistakes delay a trademark application?

Most avoidable delays begin with inconsistent ownership, weak classification, or incomplete attachments. Applicants also file logos without checking similar marks, claim too many unrelated goods, miss examination correspondence, or assume OCR registration protects the brand. A careful pre-filing review is usually easier than repairing the record later.

• Using a personal owner for a company brand: decide ownership before filing.
• Filing only the product class: check whether retail, café, licensing, or other services also matter.
• Changing the logo after filing: the filed representation defines the application.
• Ignoring phonetic similarity: different spellings can still create a conflict.
• Submitting mismatched documents: names, addresses, seals, and dates should align.
• Calling a company registration a trademark: OCR registration does not create trademark rights.
• Missing the Bulletin stage: opposition rights arise after publication, not simply after filing.
• Failing to use the mark: the DoI may cancel a registered mark that is not put into use within the statutory period.

What would a correct filing look like?

Imagine “Himalayan Hearth” selling packaged masala tea and operating a café in Kathmandu. The owner would search similar marks, consider Class 30 for packaged tea, and consider Class 43 for café services. Each class would need its own Schedule 1(c) application, specimens, specification, and filing record.

The company would file in its exact legal name, attach its corporate authorisation and domestic supporting documents, and use one consistent logo version. If it later adds branded mugs or retail services, it should review whether further class protection is sensible. This example is hypothetical and does not describe a real company’s private filing.

What alternatives or edge cases should applicants consider?

Some businesses need more than a straightforward domestic wordmark filing. Foreign owners may claim Paris Convention priority, but they still need a direct Nepal filing. A logo may need a separate strategy from a wordmark. A disputed application may require opposition work, while a transferred brand needs ownership recordal rather than a casual name change.

If another party files a confusingly similar mark, do not wait for a certificate to think about it. Review the Industrial Property Bulletin and consider a formal opposition within the applicable period. IP Sewa’s opposition and enforcement service can help assess the record and prepare the next step.

A registered mark lasts seven years and can be renewed for further seven-year terms. Keep the registration date, owner details, and renewal deadline in your records. If the owner changes address or name, update the record rather than allowing future filings to rely on outdated information.

In short, what should you do before filing?

Search first, choose the owner and NICE class, then complete Schedule 1(c) consistently. Prepare four matching specimens and the correct trademark documents Nepal requires. File directly with the DoI, respond to examination, follow Bulletin publication and the 90-day opposition window, and preserve the certificate and renewal date.

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This article is general information, not legal advice for your specific filing. Before submitting the Nepal trademark application form, search the existing record, review the correct NICE class, and contact IP Sewa for filing guidance. You can also search existing Nepal trademarks and view our trademark and IP filing services.