Trademark Authorization Letter: Sample & Guide (Nepal)

A trademark authorization letter in Nepal is a formal document that gives a local agent or representative the legal authority to file, prosecute, or manage your trademark application before the Department of Industry (DoI). Without it, no third party can act on your behalf under the Patent, Design and Trademark Act 1965. Whether you are a foreign brand entering Nepal or a domestic business using a professional service, getting this letter right prevents immediate rejection.

Key Takeaways

• A trademark authorization letter lets your agent act for you at the DoI — it is legally mandatory for any third-party filing.
• Foreign applicants must file through a Nepal-based agent and need a notarized authorization letter.
• The DoI often requires a specific format: a notarized Power of Attorney (PoA) signed by the applicant, sealed, and witnessed by two people.
• Missing signatures, an absent company seal, or an incomplete agent name are the most common rejection reasons.
• One letter per mark per class is the norm — Nepal uses a single-class filing system under the NICE Classification.
• Authorization letters are not the same as a license or a franchise agreement; they grant filing rights only, not ownership.
• The process applies equally to trademarks, patents, and industrial designs filed at the DoI.

What exactly is a trademark authorization letter under Nepal's IP law?

A trademark authorization letter is a written instrument by which a trademark owner — called the principal — appoints another person to carry out specific acts before the DoI. Under the Patent, Design and Trademark Act 1965, the DoI treats any application filed by someone other than the owner as invalid unless backed by a proper authorization. In practice, the DoI almost always requires this in the form of a notarized Power of Attorney (PoA). The letter does not transfer ownership of the mark; it only creates a principal–agent relationship for administrative filing, prosecution, renewal, or opposition work.

Who needs to provide a trademark authorization letter in Nepal?

Three groups need one. Foreign applicants must file through a local agent because Nepal is not a member of the Madrid System; the authorization letter is mandatory and must be notarized in the applicant's home country. Domestic companies that engage an IP firm or lawyer need one too, along with a board resolution confirming the decision to register the mark. Even a company employee filing on behalf of their own employer should carry a signed letter on company letterhead, because the DoI counter may ask for it. If you are the individual owner and you walk into the DoI yourself with your citizenship certificate, you do not need one — but that is the only exception.

What should a proper trademark authorization letter contain?

In Nepal's practice, the authorization letter — typically formatted as a Power of Attorney — must include at least these nine elements to satisfy the DoI examiner. First, the full name and registered address of the trademark owner (applicant). Second, the full name and address of the authorized agent or representative in Nepal. Third, a clear statement that the agent is authorized to file, prosecute, and obtain registration for the specific trademark. Fourth, the exact trademark — wordmark, logo description, or both — as it will appear on the application. Fifth, the NICE class(es) and specification of goods or services the authorization covers. Sixth, the date and place of execution. Seventh, the applicant's signature and company seal (if a legal entity). Eighth, signatures of two witnesses with their full names and addresses. Ninth, notarization by a notary public — this is non-negotiable for foreign-origin documents.

Is a Power of Attorney the same as a trademark authorization letter?

In Nepal, the terms are used interchangeably, but a Power of Attorney is the specific legal form the DoI expects. A generic business letter stating "we authorize X to file our trademark" will not work. The DoI demands a properly executed PoA that meets the notarization and witness requirements under Nepali practice. The Trademark Directives, 2072 BS (2015) and the Patent, Design and Trademark Act 1965 give the DoI authority to prescribe the form, and in practice the notarized PoA on the applicant's letterhead is what gets accepted. Think of the PoA as the format, and "trademark authorization letter" as the function — they describe the same document.

How do you write a trademark authorization letter — step by step

Here is the practical sequence for drafting a letter the DoI will accept without objection. These steps reflect what we see working at the counter and through agent filings.

1. Identify the applicant correctly. Use the full legal name exactly as it appears on the company registration certificate or citizenship document. For companies, include the registered office address.
2. Name your Nepal-based agent precisely. Give the agent's full name, firm name if applicable, and physical address in Nepal. The DoI cross-checks this against the agent's own filing credentials.
3. Describe the trademark unambiguously. If it is a wordmark, write it exactly. If it is a logo, attach a clear representation and describe it in words (e.g., "a stylized mountain peak in red with the word 'Himal' beneath").
4. Specify the NICE class and goods/services. Write the class number and a short specification — for example, "Class 25: clothing, footwear, headgear." Be precise; vague descriptions invite examiner queries. Use our NICE class finder if you are unsure.
5. State the scope of authority clearly. Use language like: "The Agent is authorized to file the application, sign documents, respond to examination reports, pay fees, and receive the registration certificate on our behalf."
6. Sign, seal, and get two witnesses. The applicant signs; the company stamp is affixed; two independent witnesses sign with their full names and addresses.
7. Notarize the document. Take it to a notary public. For documents executed outside Nepal, notarization must happen in the country of origin. The DoI accepts notarization in English.
8. Attach a board resolution (companies only). A short extract from the board minutes authorizing the trademark filing and the appointment of the agent adds a layer of proof the DoI appreciates.

Documents you must attach alongside the authorization letter

The authorization letter does not travel alone. When your agent submits it to the DoI, the complete filing package typically includes the authorization letter (PoA), the trademark application form (Schedule 1(c) under the Act), four specimens of the mark, and — for foreign applicants — a notarized copy of the home registration certificate if you are claiming priority under Sec. 21B of the Act. Domestic companies add a copy of the company registration certificate, the latest tax clearance certificate, and the board resolution. Missing any of these can stall your application at the examination stage. You can review the full document checklist at our documents guide.

Common mistakes that get a trademark authorization letter rejected in Nepal

A surprising number of otherwise strong trademark filings stall because of small errors in the authorization letter. Here are the ones we see repeatedly. Missing notarization is the single biggest reason — a plain signed letter, even on company letterhead, is not enough for the DoI. No company seal is another: Nepali practice treats the round company stamp as essential for corporate applicants. Witness signatures omitted or witnesses who are also the signatory (a witness cannot be the person signing). Agent name mismatch — the name on the PoA must match the agent's name on the application form exactly, down to the spelling. Wrong or missing NICE class — if the authorization letter says Class 25 but the application says Class 35, the DoI examiner will raise an objection. And expired or stale-dated letters can be a problem; the DoI expects a recently executed document, typically within the last six months.

A realistic example: how a Kathmandu clothing brand handles its authorization letter

Imagine "Yeti Stitch," a small pashmina and knitwear brand based in Patan, wants to register its wordmark and logo in Class 25 (clothing). The owner, Sunita, hires a Kathmandu-based IP agent to file. She signs a notarized Power of Attorney on her company letterhead. The PoA names her company exactly as on the company registration certificate, states "the wordmark YETI STITCH and the accompanying logo as attached," specifies Class 25 for "shawls, scarves, and knitwear," and authorizes the agent to file, pay fees, and collect the certificate. Two of her colleagues sign as witnesses. A notary public in Patan stamps it. The agent submits the PoA along with the application form, four logo prints, and Sunita's company registration documents. The DoI accepts it, and the application proceeds to examination without a documentation query. That is the clean path — and it relies entirely on a correctly executed authorization letter.

What about trademark renewal, opposition, or assignment — do you need a fresh letter?

Yes, usually. A PoA filed with the original application does not automatically carry over to a renewal, an opposition proceeding, or a post-registration assignment. The DoI treats each major action as a separate matter. For renewal under Sec. 23B of the Act, if the original agent is handling it, a fresh authorization letter confirming the renewal instruction is advisable. For defending or filing an opposition during the 90-day publication window, you will want a specific PoA that mentions the opposition matter — the DoI's Law Division is stricter about this because quasi-judicial proceedings require clear authority on record. For an assignment, both the assignor and assignee typically need to sign authorization letters for their respective agents. When in doubt, issue a fresh letter — it is far cheaper than a rejected filing.

Can the authorization letter be signed electronically or by one director alone?

Currently, the DoI does not have a formal framework for accepting electronic signatures on Powers of Attorney. Wet-ink signatures are the norm. As for who signs, if the applicant is a private limited company, the managing director or any director authorized by a board resolution can sign. But the DoI may ask to see the board resolution if the signatory is not clearly the principal officer. A common safe practice is to have the PoA signed by the managing director or CEO, with the company seal, backed by a short board extract. This combination rarely draws a query.

How does the authorization letter fit into the overall trademark timeline?

The letter is a precondition, not a step that adds separate time. It must be ready before the agent files. The overall Nepal trademark timeline — typically 12 to 14 months from filing to registration when unopposed, or as fast as 6 to 8 months in the smoothest cases — is covered fully in our timeline guide. The authorization letter itself does not get examined independently; it supports the application. But if it is missing or defective, the DoI will issue an examination query that can add weeks. Getting it right upfront keeps your timeline intact.

Is this the same as a brand authorization letter for Amazon or e-commerce?

No — and this is a common confusion. A trademark authorization letter for the DoI is a procedural document for the IP registry. A "brand authorization letter" for an e-commerce platform like Amazon or Daraz is a commercial document that lets a reseller list your products. The two serve completely different purposes and are addressed to different bodies. If you need a brand authorization letter for an online marketplace, that is a separate commercial matter; the DoI letter will not serve that function, and vice versa. For brand-protection tools including monitoring and trademark watch services, we can help — but the authorization letter discussed here is strictly for the IP registry.

In short, the trademark authorization letter — or more precisely, the notarized Power of Attorney — is the door your agent walks through at the Department of Industry. Without it, the door stays shut. The requirements are clear: notarization, a company seal, two witnesses, and exact details of the mark and its NICE class. Most rejections are avoidable. Take the time to draft it properly. If you would like a review of your authorization letter before filing, or need a reliable Nepal-based agent to act for your brand, reach out to our team. You can also explore our complete trademark registration service for end-to-end support, or use our trademark search tool to check if your mark is available before you prepare any paperwork.

People also search for:

• How to register a trademark in Nepal
• Documents required for trademark registration in Nepal
• How much does trademark registration cost in Nepal
• How to choose the right trademark class in Nepal
• What is the NICE Classification for trademarks
• Trademark agent Nepal authorization
• Power of attorney format for trademark Nepal
• Cease and desist letters for IP in Nepal