Trademark Authorization Letter: Sample & Guide (Nepal)

A trademark authorization letter appoints a person or firm to act for an applicant before Nepal’s Department of Industry (DoI). The document supports filing, examination and later work under the Patent, Design and Trademark Act 1965. A straightforward, unopposed application usually takes about 12–14 months from filing to certificate.

Key Takeaways

A trademark authorization letter gives a named agent limited authority to handle a mark before Nepal’s Department of Industry. A clear, signed and properly notarised Power of Attorney helps the DoI match the applicant, agent, mark and NICE class without avoidable queries.

• A Power of Attorney (PoA) is the usual form of trademark authorization used in Nepal.
• You need authorization when another person or firm files or manages the application for you.
• Foreign applicants generally work through a Nepal-based representative because Nepal is outside the Madrid System.
• The document should identify the applicant, agent, mark, class, authority, date and signatures.
• Nepal uses one trademark application for one NICE class, so the authority should match each filing.
• A PoA authorizes administrative action; it does not transfer ownership, license the mark or create a franchise.
• DoI procedure includes examination, Industrial Property Bulletin publication, a 90-day opposition period and registration.

What is a trademark authorization letter in Nepal?

A trademark authorization letter is a written appointment by which an applicant authorizes another person to act before the DoI. In filing practice, it is usually prepared as a notarised Power of Attorney. The agent may submit papers, answer examiner questions, receive correspondence and handle registration or renewal work within the stated scope.

The applicant remains the owner or intended owner. The letter does not sell the brand, assign goodwill or allow the agent to use the mark as its own. Those matters require separate documents. A trademark licence agreement permits controlled use by another party, while an assignment transfers ownership. A PoA does neither.

Who must sign a trademark agent authorization in Nepal?

The trademark applicant signs the authorization, not the agent alone. A company should use its correct legal name, registered address, authorized signatory and company seal where applicable. A foreign applicant normally appoints a Nepal-based representative. An individual filing personally at the DoI may not need an agent PoA, but another person cannot safely act without written authority.

For a Nepali company, the filing package commonly includes a board resolution, the company registration record, the mark label and other DoI documents. A foreign company should prepare its corporate authorization and supporting home-country documents early. The agent’s name must be exact. A mismatch between the PoA, application and corporate records can create a preventable query.

What should a trademark authorization letter contain?

A usable brand authorization letter format identifies the parties, the mark and the authority granted. The document should also match the application’s NICE class and goods or services. Nepal follows the NICE Classification, with 45 classes, and requires a separate application for each class. DoI practice commonly expects a signed, sealed and witnessed PoA with notarisation.

• Applicant: full legal name and complete address.
• Agent: full name, firm name if relevant and Nepal address.
• Mark: exact wordmark, logo or combined mark, with a label attached where needed.
• Class and specification: the relevant NICE class and the goods or services covered.
• Authority: filing, prosecution, responses, correspondence, certificate collection and any other intended action.
• Execution: place, date, signature, company seal where applicable, and witness details.
• Authentication: notarisation and any certified or translated supporting document the DoI requests.

Do not describe the subject only as “our brand.” Write the mark exactly as filed. For a logo, attach the same artwork used in the application and add a short description. If the agent should handle renewal, assignment, amendment or opposition, say so clearly. Avoid granting wider commercial powers than you intend.

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

In Nepal, “trademark authorization letter” and “Power of Attorney” often describe the same filing document. The first phrase explains its purpose; the second describes its legal form. A casual permission letter may not satisfy DoI practice. Use a formal PoA that names the agent, mark and class, then confirm the current execution requirements before submission.

There is no benefit in copying a foreign template without checking Nepal’s filing practice. Some countries accept an unstamped appointment or electronic signature. The DoI may seek a notarised document, company seal and two witnesses. Requirements can also depend on whether the applicant is an individual, Nepali company or foreign company.

How do you prepare a trademark authorization letter sample?

Prepare the document by matching every important field to the proposed DoI application. The following sequence works for a wordmark such as “Himal Hearth” or a logo used for packaged food. It is a practical drafting guide, not a substitute for checking the latest DoI form or professional advice.

1. Confirm the applicant. Copy the legal name and address from the citizenship document or company records. Do not use a trading name in place of the legal applicant.
2. Choose the agent. State the agent’s complete name, organization and Nepal address. If a firm will act, identify the responsible representative.
3. Fix the mark. Insert the exact wordmark or attach the logo label. Keep spelling, capitalization and artwork consistent across the PoA and application.
4. Identify the class. State one NICE class and a focused goods or services description. A restaurant service may involve Class 43; packaged food goods may involve a different goods class.
5. Set the powers. Authorize filing, examination replies, correspondence, publication-related action, registration and certificate collection. Add renewal or opposition authority only if required.
6. Execute the PoA. The applicant signs and seals where applicable. Add the required witness details and signatures.
7. Notarise and check consistency. Arrange notarisation and review names, dates, addresses, mark artwork and class before the agent files.
8. Keep the original safely. The agent should retain the executed document and provide a copy for your records.

What sample wording can a Nepal trademark PoA use?

A sample clause can say: “We, [applicant’s full legal name and address], appoint [agent’s full name and address in Nepal] to represent us before the Department of Industry regarding the mark [exact mark], in NICE Class [number], covering [goods or services].” Add authority to file, prosecute, answer communications, receive documents and complete registration.

For a foreign company, the clause may also cover priority documents and communication with the DoI. For a renewal or opposition, name that specific task rather than assuming the original authority covers every future matter. The signed document should carry the execution date, place, seal where applicable, witnesses and notarisation required in practice.

Which documents accompany the authorization letter?

The PoA is one part of the filing package. A trademark application normally includes the prescribed application, the mark label and four specimens. Applicants may also need corporate records, a board resolution, industry certificate and latest tax clearance. Foreign applicants should prepare a home registration certificate and priority filing evidence where a priority claim is made.

Copies and translations should be clear and consistent. A foreign document may need certification, notarisation or English presentation for the DoI. Do not assume that a company incorporation certificate proves the right to use a particular brand. Ownership, applicant identity and priority are separate questions.

Before filing, compare the PoA with the application line by line. The best trademark conflict checker can help you screen a name, while a professional trademark search and clearance service can assess similar marks before you spend time on execution.

How does authorization fit into the Nepal registration process?

The authorization lets the agent act, but it does not replace the DoI registration process. The sequence is application, examination, Industrial Property Bulletin publication, opposition and certificate. Nepal is first-to-file, so an early complete application matters. A PoA also does not guarantee registration if the mark conflicts with an earlier mark or fails legal requirements.

The standard trademark opposition period is 90 days after publication in the Industrial Property Bulletin. If no valid opposition delays the matter, the typical end-to-end period is about 12–14 months. The smoothest straightforward cases may finish in about 6–8 months, but that is the favourable fast end, not the normal promise.

What common mistakes weaken a trademark authorization letter?

Most problems are simple mismatches, not difficult legal questions. A missing seal, wrong company name, incomplete agent address or different logo can cause a query. So can a class description copied from a different application. Treat the PoA as a controlled filing document, not a generic letter reused for every brand.

• Using a business name instead of the applicant’s legal name.
• Authorizing a firm but naming no individual or responsible representative.
• Leaving the mark, logo label or NICE class unclear.
• Adding one class in the PoA while filing another.
• Omitting witness details, company seal or notarisation where required.
• Signing after the application contains different information.
• Giving the agent authority to transfer ownership without intending that result.
• Waiting until examination to discover that a foreign document needs certification or translation.

Another common mistake is confusing TM and ®. “TM” can signal a claimed mark, but registration status should not be misrepresented. Use the registered-mark symbol only when the mark is actually registered. A PoA gives filing authority; it does not make an unregistered brand a registered mark.

What is a realistic Nepal example of using a PoA?

Imagine “Koshi Kitchen,” a foreign packaged-food brand entering Nepal. Its owner appoints a Kathmandu-based agent, identifies the exact logo and relevant goods class, signs and notarises the PoA, then supplies corporate and priority documents. The agent files at the DoI. The authorization supports the process, but the mark still faces examination and opposition.

Now consider a Nepali startup called “Himal Hearth.” Its founder may file personally, or authorize an IP professional. If the startup sells both packaged foods and restaurant services, it should review separate NICE classes because one Nepal application covers one class. The PoA should list each separate application or clearly limit its scope.

What are the cost, renewal and foreign-applicant issues?

Total cost depends on the number of NICE classes, government charges, document certification, translation, professional work and later actions. One class means one application, so a multi-class brand creates separate filing work. For a current estimate, use the trademark fee calculator or ask our team through IP Sewa’s contact page; figures can change.

A trademark registration lasts seven years and can be renewed for further seven-year terms. Renewal should be filed within 35 days of expiry, with a further late period available under the Act. If the owner changes address, name or ownership, the record may need a separate amendment or assignment. Keep the PoA scope suitable for that intended work.

Nepal is not a Madrid System member. A foreign registration elsewhere does not automatically protect the mark in Nepal. The foreign owner normally files directly through a Nepal-based representative. A Paris Convention priority claim may be available, subject to the required documents and deadline. The agent should check the claim before filing.

What is the legal basis for trademark authorization in Nepal?

The Patent, Design and Trademark Act 1965 governs Nepal’s trademark system, including applications, examination, registration, publication and renewal. Sec. 17 concerns the application, Sec. 18 covers examination and registration, Sec. 21A concerns publication and opposition, and Sec. 21B–21C address foreign priority matters. DoI practice supplies the practical PoA requirements.

The Act defines a trademark as a word, symbol, picture or combination used to distinguish goods or services. Registration can be refused where a mark harms another mark’s goodwill, is already registered, or raises public-interest and morality concerns. You can read the official Nepal law resources and check the Department of Industry for current administrative information.

This guide describes filing practice and is not legal advice for a particular mark. A document that looks complete may still need changes because of the applicant’s country, priority claim, corporate structure or DoI request.

What should you do before signing the letter?

Search the existing Nepal record, settle the class and goods or services, and decide exactly what the agent may do. Check the mark for conflicts before signing. Then compare every name, address, label and class with the application. This short review can prevent a replacement PoA and delay at the DoI.

Keep a signed copy, the notarisation record and the agent’s contact details. Give prompt instructions if the DoI raises an examination issue or a third party opposes the mark. Registration creates the right, but active management protects its value. Renewal deadlines also matter because a lapsed registration can be cancelled.

In short: a TM authorization letter in Nepal is usually a properly executed Power of Attorney. It lets a named Nepal-based agent handle a defined trademark matter before the DoI. Match it to the applicant, mark and single NICE class, complete signing and notarisation, and keep the authority no broader than necessary.

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Ready to check an existing mark? Use the Nepal trademark database search, then speak with our team through IP Sewa’s contact page about a trademark registration filing, agent authorization or document review.