Trademark Registration in Nepal for European Companies

Trademark registration in Nepal for a European company follows a direct national filing with the Department of Industry under the Patent, Design and Trademark Act 1965. Nepal is not a member of the Madrid Protocol, so you cannot extend an EU or WIPO international registration here—you must appoint a local agent and file a fresh Nepali application.

Key Takeaways

• Nepal operates a first-to-file system under the PDTA 1965; prior use in Europe gives you no automatic rights inside Nepal.
• There is no Madrid, EU or PCT route covering Nepal—European companies must file directly with the Department of Industry through a Nepal-based representative.
• A separate application is required for each NICE class your goods or services fall into.
• The typical end-to-end timeline is 12–14 months, assuming no opposition; the best-case is around 6–8 months.
• Registration lasts 7 years and is renewable indefinitely for further 7-year periods.
• A notarised copy of your home registration certificate in English is mandatory for foreign applicants.
• Without a registered mark, enforcing rights against local copycats is extremely difficult—unregistered marks rely on passing-off claims only.

Why can't a European company use a Madrid Protocol filing for Nepal?

Nepal has not acceded to the Madrid Protocol or the Madrid Agreement. This means an international registration obtained through WIPO, an EUIPO community trademark, or a national mark from a Madrid-member country simply does not extend to Nepal. A European business must file a separate national application directly with the Department of Industry. It's the single most important procedural difference European counsel miss when planning IP protection that includes Nepal.

What does the law say about foreign applicants under the PDTA 1965?

The Patent, Design and Trademark Act 1965, as amended, allows any foreign individual or company to apply for trademark registration. The law requires that the applicant file through a registered agent or legal practitioner based in Nepal. Section 21B provides for a priority claim—if you filed for the same mark in a Paris Convention country within the previous six months, you can claim that priority date in Nepal by submitting a certified copy of the earlier filing. Most European countries are Paris Convention members, so this is a useful right to preserve.

Which NICE classes should a European company typically file in?

Nepal uses the NICE Classification system. A single application covers one class only. If your brand spans multiple goods or services, you will need separate applications for each class. European companies commonly file in classes 9 (software, electronics), 25 (clothing, footwear), 35 (retail, advertising, business management), 41 (education, entertainment), and 42 (scientific and technological services). Use our NICE class finder to map your exact products or services before filing—picking the wrong class is one of the costliest mistakes a foreign applicant can make.

What documents does a European applicant need to file?

Foreign applicants must submit a specific set of documents. The core list under current practice at the Department of Industry includes: a completed application form, a notarised Power of Attorney signed by an authorised company officer and attested by two witnesses, a board resolution from the applicant company authorising the filing, a clear label or specimen of the trademark, and—critically—a notarised or certified copy of the home registration certificate of the mark, in English. If you are claiming priority from a European filing, include a certified copy of that application and the filing receipt, also in English. Documents not originally in English must be accompanied by notarised translations. Our team can help you assemble and notarise the full dossier—reach us through our contact page before you courier anything to Kathmandu.

How does the registration process work, step by step?

1. Conduct a trademark search. Use our trademark database search to check for identical or confusingly similar marks already on the Nepal register. DoI searches work well for word marks; figurative marks are harder to clear.
2. Select your NICE class(es). Determine every class that covers your current and planned goods or services. A separate application is required for each.
3. Prepare and notarise documents. Execute the Power of Attorney, board resolution and certified home-registration copy. All must be notarised and, where applicable, translated into English.
4. File the application with the DoI. Your Nepal-based agent submits the application, four specimens of the mark, and the supporting documents.
5. Examination. The DoI examines the mark for distinctiveness and conflicts with prior registrations. If an objection is raised, you get a chance to respond.
6. Publication in the Industrial Property Bulletin. Once the examiner is satisfied, the mark is published. Third parties then have a 90-day window to oppose.
7. Opposition period. If someone files an opposition, the DoI's Law Division holds an inquiry. If unopposed or the opposition is dismissed, the process moves forward.
8. Registration and certificate. Pay the registration fee and the DoI issues the registration certificate. Your mark is now protected in Nepal for seven years.

How long does it take for a European company to get a trademark registered in Nepal?

The realistic timeline is 12 to 14 months from filing to registration certificate, assuming no opposition. In a very smooth case—no examiner objections, no third-party opposition—you might see a certificate in about 6 to 8 months, but that is the best case, not the norm. Delays are common if the DoI raises queries on the distinctiveness of the mark or if your documents need correction. An opposition adds months, sometimes longer if the dispute is contested. Planning for a year-plus is prudent; factor that into your market-entry timeline.

What does trademark registration cost a European applicant? (Qualitative overview)

The total cost has three main layers. First, government fees are set per class—you pay an application fee at filing and a registration fee when the certificate issues. Because Nepal requires one application per class, the government cost multiplies directly with each class you need. Second, professional fees cover the local agent, document preparation, notarisation and handling of any office actions. Third, if your home registration certificate or priority documents need notarisation, translation or apostille in your European country, that adds a separate local cost. For a current figure specific to your class count and situation, try our trademark fee calculator or write to us through the contact page.

Does a European company need a prior Nepali company registration?

No. Foreign applicants do not need to incorporate a Nepali subsidiary or register a branch office to file a trademark. The Department of Industry accepts applications directly from overseas entities as long as a local agent handles the filing. This is separate from company registration with the Office of the Company Registrar—a trade name registration at the OCR does not give you trademark rights, and you don't need an OCR registration to get a trademark. Read more about the difference in our guide on trademark versus company registration in Nepal.

What risks does a European company face if it doesn't register its mark in Nepal?

Nepal is first-to-file. Rights belong to whoever files a valid application first, not to whoever used the mark first in commerce. A European brand that has been selling into Nepal for years but never registered can lose its mark to a local third party who files first. The only fallback is a passing-off action under common-law principles, which is expensive, slow and uncertain in the Nepali courts. Registration also gives you the legal basis to stop counterfeit imports at customs and to demand takedowns on local e-commerce platforms. Without a registration certificate, you're largely unarmed. A single bad-faith filing by a local distributor or competitor can block your brand from the market.

Can a European company use its EU or German/UK trademark as a basis for priority?

Yes. If you filed the same trademark in any Paris Convention country within the last six months, you can claim that priority date in Nepal under Section 21B of the PDTA. This means your Nepali application, if filed within the six-month window, will be treated as though it was filed on the same day as your home application. You must submit a certified copy of the earlier filing—translated into English if it's in another language—at the time of filing or shortly after. This is a powerful tool for a European company that is filing sequentially across markets.

How does a European company enforce its trademark once registered?

The Department of Industry acts as a quasi-judicial body for trademark disputes. If you hold a Nepali registration certificate, you can file a complaint at the DoI against an infringer. The DoI can issue orders to cease use, and the police can seize goods bearing the infringing mark. For stronger remedies, including damages, you would go to the district court. Registration is the gateway—without it, the DoI has no jurisdiction over your complaint. If you discover a conflicting application during the 90-day publication window, you can also file an opposition. Our opposition and enforcement service page explains how we help foreign rights-holders protect their marks.

Realistic example: a French skincare brand entering Nepal

Imagine a Lyon-based natural-cosmetics company, "Verdoyant," that sells face oils and serums across the EU. It has a registered EU trademark in classes 3 (cosmetics) and 35 (online retail). The brand begins exporting to a Kathmandu boutique and plans to open its own e-commerce channel for Nepali customers.

The brand manager contacts a Nepal-based agent. First, a search on IP Sewa's trademark database confirms no identical mark exists in class 3 or 35. Because Verdoyant registered in France nine months ago, the Paris Convention priority window has closed, so it cannot backdate its Nepal filing. The agent files two applications—one per class—with notarised copies of the EU registration certificate, a board resolution, and the power of attorney. Twelve months later, both marks are published unopposed, and the certificates arrive. Verdoyant now has a legal basis to stop a local seller from launching a copycat "Verdoyant Nepal" brand in the same classes. Had it delayed, a local trader could have filed first and locked the brand out of the market entirely.

Common mistakes European companies make when filing in Nepal

• Assuming Madrid covers Nepal. It doesn't. This is the number-one error. An EUIPO or WIPO registration stops at the border; you need a fresh Nepali filing.
• Filing in only one class when the brand spans several. A mark registered in class 9 gets no protection in class 42, even if it's the same logo. Map your full product scope beforehand using our AI NICE classifier.
• Sending documents that aren't notarised. The DoI rejects unsigned or improperly attested documents. The Power of Attorney needs two witnesses, not just a company stamp.
• Forgetting the home registration certificate. Foreign applicants must supply a certified copy. If your mark is not yet registered anywhere, you can still file in Nepal, but the DoI will likely ask for evidence of use or distinctiveness.
• Missing the priority deadline. The six-month Paris Convention window is rigid. Late filings lose the priority date.
• Confusing a .com.np domain or OCR trade name with a trademark. Neither gives you trademark rights. Registration with the DoI is the only way to own the mark.

In short, a European company secures trademark rights in Nepal only by filing a direct national application with the Department of Industry through a local agent. There is no shortcut via Madrid, no automatic extension of an EU mark, and no substitute for a correctly notarised document package. The process takes about a year, protects your mark for seven years, and gives you enforceable rights in one of South Asia's fastest-opening economies. Start with a clearance search, then get your documents in order, and file before a local opportunist does.

Check for conflicting marks now on our trademark search page. When you're ready to file, reach out through our contact page or explore our trademark registration service—we help European companies assemble the right documents, handle the DoI process, and keep your deadlines on track.

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