Trademark Registration in Nepal for Canadian Companies

Canadian companies can register a trademark in Nepal by filing directly with the Department of Industry (DoI) through a Nepal-based agent. Because Nepal is not part of the Madrid System, there is no WIPO-based shortcut — you file under the Patent, Design and Trademark Act 1965, and protection follows the first-to-file rule.

Key Takeaways

• Nepal is outside the Madrid System, so Canadian firms must file a national application directly with the DoI through a local representative.
• A Canadian trademark registration or pending application does not automatically protect your brand in Nepal — you need a separate Nepali filing.
• Foreign applicants must submit a notarised Power of Attorney and a certified copy of the home registration certificate, both in English.
• One application covers one NICE class; if your brand spans goods and services, you will need multiple applications.
• Trademark registration in Nepal is valid for seven years from the registration date and is renewable indefinitely for further seven-year terms.
• You can claim priority under the Paris Convention if you file in Nepal within six months of your Canadian filing date.

Why should a Canadian company register a trademark in Nepal?

Nepal is a first-to-file jurisdiction — rights belong to whoever files a valid application first, not to whoever used the mark first in the market. If a Canadian business sells products or services in Nepal without a registered mark, a local third party could register the same or a confusingly similar brand name and block the Canadian company from using it. Registration under the Patent, Design and Trademark Act 1965 gives you exclusive rights to use the mark, the ability to take legal action against infringers, and a public record of ownership published in the Industrial Property Bulletin. Without it, even a well-known Canadian brand has no automatic statutory protection in Nepal.

Can a Canadian company file through the Madrid System?

No. Nepal has not acceded to the Madrid Protocol, so a Canadian business cannot designate Nepal in an international application filed through the Canadian Intellectual Property Office or WIPO. You must file a national application directly with the Department of Industry. That means you will need a Nepal-based agent or representative to handle the filing — foreign applicants cannot submit directly. The process is straightforward but requires specific documents that a local agent can prepare and submit on your behalf.

What documents does a Canadian company need?

Foreign applicants, including Canadian companies, must submit a larger document package than domestic filers. The core requirements under the Patent, Design and Trademark Act and DoI practice are: a completed application form, a notarised Power of Attorney signed by an authorised company officer and attested by two witnesses, a board resolution authorising the trademark filing, four specimens of the mark, and a notarised or certified copy of the Canadian home registration certificate in English. If you are claiming priority under the Paris Convention, you must also supply a certified copy of the Canadian priority application. Our team can help you gather and authenticate these documents — reach out via our contact page.

Which NICE classes apply to Canadian brands entering Nepal?

Nepal follows the NICE Classification system with 45 classes. A single application covers one class only, so a Canadian company selling both physical goods and offering services must file separate applications for each class. The class or classes you pick depend entirely on what your brand covers — not on the fact you are Canadian. A typical consumer-goods brand might file in Class 25 for apparel, while a software company files in Class 9 for downloadable apps and Class 42 for SaaS services. Choosing the wrong class can leave gaps in your protection. Use our NICE Class Finder to identify the right class before filing.

How to register a trademark in Nepal — step by step for Canadian companies

Filing as a foreign applicant adds a preparatory step: you must engage a Nepal-based agent before anything reaches the DoI. Once representation is in place, the process follows the standard national route under the Patent, Design and Trademark Act. The timeline is typically 12 to 14 months from filing to certificate when the application is unopposed.

1. Appoint a local agent and execute the Power of Attorney. The agent will draft the PoA, which must be notarised, signed by an authorised officer of the Canadian company, and attested by two witnesses.
2. Conduct a trademark search. Before filing, search the DoI's trademark database to check for identical or confusingly similar existing marks. A search reduces the risk of an office objection later. Try our trademark database search tool.
3. Prepare and file the application. Your agent submits the Schedule 1(c) application form to the DoI with four specimens of the mark, the PoA, the board resolution, and the certified home registration certificate.
4. DoI examination. The Department examines the application for distinctiveness, conflicts with prior registrations, and compliance with the Act's prohibitions — marks that damage another's goodwill or hurt public morality are refused under Sec. 18.
5. Publication in the Industrial Property Bulletin. If the examiner finds no objection, the mark is published. The 90-day opposition window opens — any third party can challenge the mark during this period.
6. Registration and certificate. If no opposition is filed, or if an opposition is resolved in your favour, the DoI issues the registration certificate. The mark is now protected for seven years.

How long does it take and how long does protection last?

In practice, an unopposed trademark application by a Canadian company takes roughly 12 to 14 months from filing to registration. In the smoothest cases — no examiner objections, no opposition — it can complete in about six to eight months, but you should budget for the longer end. Once registered, the mark is valid for seven years from the registration date. Renewal is for further seven-year terms, and you can renew indefinitely. The renewal must be filed within 35 days of expiry; a late renewal is possible within six months after expiry.

What does trademark registration cost for a Canadian company?

The total cost of registering a trademark in Nepal has two components: the government fees payable to the DoI and the professional fees of your local agent. Government fees are charged per class — a separate application fee and a separate registration fee apply to each NICE class you file in. Foreign applicants generally pay higher government fees than domestic filers, though the amounts are modest by Canadian standards. A common mistake is underestimating the total class count: if your brand covers both a physical product and an associated service, you need two applications and two sets of fees. For a current personalised estimate, use our trademark fee calculator or speak with our team through our contact page.

Can a Canadian company claim priority from a Canadian filing?

Yes. Nepal is a member of the Paris Convention for the Protection of Industrial Property, so a Canadian applicant can claim priority from an earlier Canadian trademark application. To do so, you must file in Nepal within six months of the Canadian filing date and submit a certified copy of the Canadian priority application, translated into English if it was filed in French. The priority claim gives your Nepali application the effective date of the earlier Canadian filing — a powerful tool if someone files a conflicting mark in Nepal during that six-month window.

Common mistakes Canadian companies make in Nepal

• Assuming a Canadian registration covers Nepal. It does not. Nepal is a separate jurisdiction, and the Madrid System does not apply. You need a standalone Nepali registration.
• Filing too few classes. A brand often spans multiple NICE classes. If you register only for your core product but not for the associated retail service, a competitor can register the same mark for that service class.
• Skipping the pre-filing search. Without a DoI trademark search, you may file a mark that is already registered or confusingly similar to an existing one — wasting time and fees.
• Not claiming Paris Convention priority. If you have a pending Canadian application, the six-month priority window is valuable. Missing it means losing the earlier effective date in Nepal.
• Poor translation of the mark. If your brand includes a wordmark that has a meaning in Nepali, check that translation. The DoI can refuse a mark that hurts public morality or national interest — a translation that is innocuous in English may be problematic in Nepali.

A realistic example: a Toronto apparel brand entering Nepal

Imagine a Toronto-based clothing company called "Maple & Oak" that sells outdoor apparel online and plans to start shipping to Kathmandu retailers. The company has a Canadian trademark registration covering Class 25. Before sending inventory, the brand's founder engages a Nepal-based agent, executes a notarised PoA, and supplies a certified copy of the Canadian registration. The agent runs a DoI search and finds no conflicting mark, then files a Nepali application in Class 25. The mark is published in the Industrial Property Bulletin and, with no opposition, the certificate arrives about 13 months after filing. Maple & Oak now has exclusive rights to the name on clothing in Nepal, and no local retailer can register a lookalike mark to block imports.

What if a Canadian company just wants to search first?

You do not need to commit to a full application before checking the landscape. A trademark search in the DoI database reveals whether your mark — or something close to it — is already registered or pending in Nepal. We recommend a search before you spend on filing fees. Use our trademark search tool to look up existing marks, and if you need help interpreting the results, our team can assist through the trademark search service page.

How does enforcement work for a Canadian company?

Once registered, a Canadian company has the same enforcement rights as a domestic rights holder. The DoI acts as a quasi-judicial body and can hear complaints against infringers. You can also pursue passing-off claims in Nepali courts — the doctrine of passing off protects goodwill even without registration in some cases, but a registered mark makes enforcement dramatically easier and gives you a statutory cause of action. If you discover an infringing mark published in the Industrial Property Bulletin, you can oppose it within the 90-day window. For broader enforcement help, see our opposition and enforcement service.

Is a Canadian company's trade name automatically protected?

No. A company registration with the Office of the Company Registrar in Nepal — or a Canadian incorporation — does not protect a name as a trademark. A trade name or company name gives you the right to operate under that name, but it does not grant exclusive rights to use it as a brand on products or services. Only a trademark registration with the DoI provides that exclusive right. We explain the distinction in depth in our guide on trademark vs trade name in Nepal.

In short, a Canadian company doing business in Nepal — or planning to — should treat trademark registration as a pre-market step, not an afterthought. Because Nepal is outside the Madrid System and follows the first-to-file rule, waiting means risking your brand to a local filer. The process is direct, the document requirements are clear, and Paris Convention priority gives you a six-month bridge from a Canadian filing. A pre-filing search, careful class selection, and a properly executed Power of Attorney are the three practical pillars of a smooth registration.

Ready to protect your Canadian brand in Nepal? Start with a trademark database search to check availability, or get in touch with our team for guidance on the full filing process. If you already know which class you need, visit our trademark registration service page to begin.