A Korean company registers a trademark in Nepal by filing directly with the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. Nepal is first-to-file, and an unopposed application typically takes about 12–14 months from filing to certificate.
Key Takeaways
Korean businesses need a direct Nepal filing, a Nepal-based representative and clear class planning. The DoI examines the application, publishes it in the Industrial Property Bulletin, allows opposition and then issues a registration certificate under the Act.
- Nepal does not belong to the Madrid System, so a Korean or WIPO registration does not automatically cover Nepal.
- A Korean applicant normally files through a Nepal-based agent or legal representative.
- One application covers one NICE class; each additional class needs a separate application.
- The ordinary end-to-end timeline is about 12–14 months when nobody opposes the mark.
- The DoI publishes an accepted mark before the 90-day trademark opposition period begins.
- A Nepal trademark lasts seven years from registration and may be renewed for further seven-year terms without a stated limit.
- Foreign applicants should prepare a notarised Power of Attorney and a certified home registration certificate in English.
Can a Korean company register a trademark in Nepal without a local office?
Yes, a Korean company can apply without incorporating a Nepal subsidiary or opening a local office. Foreign applicants file directly with the Department of Industry through a Nepal-based agent or representative. The representative receives notices, submits papers and handles communication with the DoI while the Korean owner remains the applicant.
A Power of Attorney is central to this arrangement. It should be signed and sealed by the applicant, notarised and attested by two witnesses. Check execution details before signing; a defective document can delay filing or create a problem when the DoI asks for clarification.
Why must a South Korean brand file separately in Nepal?
A South Korean registration does not automatically create trademark rights in Nepal. Nepal is outside the Madrid System, so a Korean owner cannot designate Nepal through a Madrid international registration. The owner must make a national application at the DoI under Nepalese law, even where the mark is famous or already registered in Korea.
Nepal also is not part of the PCT for patents, although that treaty concerns inventions rather than trademarks. A Korean company entering Nepal should therefore treat brand protection as a separate market-entry task. The WIPO country and treaty information can help confirm the international filing position, but it does not replace the Nepali application.
A Paris Convention priority claim may be available from an earlier Korean filing if the claim is made within the applicable period and supported by the required certified filing record. Your agent should check the dates and documents before submission. Priority can be valuable, but it does not remove the need for a Nepal filing.
Which NICE classes apply to a Korean business in Nepal?
Korean companies choose goods and services under the NICE Classification, which has 45 classes. Classes 1–34 cover goods, while Classes 35–45 cover services. Nepal requires one application for one class, so a South Korean brand selling products and operating retail services may need separate filings for each relevant class.
| Business activity | Common class | What to review |
|---|---|---|
| K-beauty cosmetics and skincare | Class 3 | Cosmetics, non-medicated skincare and related goods |
| Electronics and downloadable software | Class 9 | Devices, recorded or downloadable software and electronic goods |
| Retail, wholesale or online selling | Class 35 | Retail and commercial services, not the products themselves |
| Restaurants and food-service chains | Class 43 | Restaurant, café and catering services |
These are starting points, not a filing specification. A cosmetics company may also need a class for advertising or retail activity. An electronics group may need different descriptions for hardware, software, repair or telecommunications. Use the NICE class finder to organise the first list, then confirm the precise goods and services before filing.
What documents does a Korean company need?
A foreign trademark application needs the prescribed form, the mark label or specimen, a notarised Power of Attorney and a board resolution authorising the filing. It also needs a notarised or certified copy of the Korean trademark registration certificate in English. If claiming priority, provide the certified Korean filing receipt or application record in English.
Keep the owner’s details consistent across every document. The company name, address, mark representation and applicant status should not change between the home certificate, board resolution and Nepali application. If a document is not in English, arrange an acceptable English translation and certification before your agent files it.
Prepare a clean wordmark and logo version separately if both matter. A logo registration protects the mark as submitted, including its visual elements. A wordmark may provide broader practical flexibility for the name, subject to examination and the goods or services claimed.
How do Korean companies register a trademark in Nepal?
Korean companies register a mark through a sequence beginning with clearance and ending with a DoI certificate. The application fixes a first-to-file position, but examination, Industrial Property Bulletin publication and the 90-day opposition period must still be completed before registration.
- Confirm the owner and mark. Decide whether the applicant will be the Korean parent, a group company or another lawful owner.
- Search for conflicts. Search similar names, spellings, logos and classes in Nepal. Our Nepal trademark database is useful for preliminary checking, though logo similarity and legal risk need careful review.
- Select each NICE class. Match the real products and services you will offer in Nepal. File separately for every class that needs protection.
- Appoint the representative. Sign the Power of Attorney and prepare the corporate resolution and foreign registration documents.
- File at the DoI. Submit the application, specimens, class details and supporting papers through the Nepal-based agent.
- Answer examination issues. The DoI reviews distinctiveness, similarity and statutory refusal grounds. Respond promptly if clarification or a defence is requested.
- Wait for publication. An accepted mark is published in the Industrial Property Bulletin, giving third parties notice.
- Manage opposition. Any person may oppose within 90 days of publication. If an opposition is filed, the DoI considers the dispute before issuing the certificate.
- Obtain registration. After the mark clears the process, the DoI completes registration and issues the certificate. Use the ® symbol only after registration; use TM for an unregistered mark.
The Department of Industry’s official information is the proper public reference for the registering authority. Filing practice can still require document checks and communication with the relevant DoI office.
How long does Korean trademark registration take in Nepal?
Trademark registration in Nepal usually takes about 12–14 months from filing to certificate when the application is unopposed. A very straightforward case may finish in about 6–8 months, but that is the favourable end of the range, not the normal planning assumption.
Examination queries, corrections, incomplete foreign documents and opposition can extend the timeline. Market-entry teams should file early rather than waiting for a distributor agreement or product launch. Nepal’s first-to-file rule makes early filing especially practical for a South Korean brand not yet trading locally.
What factors affect the cost?
The total cost depends mainly on the number of NICE classes, DoI government charges and professional work by the Nepal-based agent. Each class creates its own filing requirement. Extra work may arise from examination responses, document certification, translations, priority claims, opposition or later changes to the record.
Government and professional fees are separate. A multi-class brand portfolio costs more to manage than a single-class filing because each application has its own process. For a current estimate, use the trademark fee calculator or send your filing profile through IP Sewa’s contact team. Do not rely on an old fee quote copied from another article.
What legal protection does a Nepal registration provide?
The Patent, Design and Trademark Act 1965 is Nepal’s main industrial-property statute. Sec. 18 governs trademark registration, Sec. 18A addresses classification, Sec. 21A concerns publication and opposition, and Sec. 23B provides renewal rules. Registration gives the owner the statutory registered-mark right in Nepal.
The DoI examines whether the mark conflicts with an existing mark, harms another owner’s goodwill, or raises public morality, national-interest or reputation concerns. A mark should be distinctive enough to identify your goods or services. A Korean registration does not control this Nepali examination.
Registration is not a substitute for use. Under the Act, a mark may face cancellation if it is not put into use within the relevant period after registration. Keep evidence of genuine Nepal-facing use, such as invoices, packaging, distribution records or advertising, where appropriate. This is practical brand hygiene, not just paperwork.
What common mistakes should Korean applicants avoid?
Korean applicants often lose time by treating Nepal as an extension of their home registration. The largest risks are late filing, incomplete Power of Attorney documents, narrow class descriptions and assuming a word search has cleared a similar logo. A careful review before filing is cheaper than repairing a weak application later.
- Filing after launch: an earlier valid Nepal application may take priority over your Korean use or reputation.
- Choosing one class for everything: product goods and retail services are not automatically covered by one application.
- Submitting inconsistent company names: differences between Korean and English records can trigger clarification.
- Ignoring visual similarity: database searches are stronger for words than for figurative logo elements.
- Using ® too early: reserve the symbol for a mark registered in Nepal.
- Missing the Bulletin window: a possible conflict may need opposition within 90 days of publication.
- Forgetting renewal: the seven-year term must be renewed on time, with only the statutory late period available.
What would a Korean brand filing look like in practice?
Imagine “HANRIVER Glow,” a fictional South Korean skincare company entering Kathmandu through a distributor. It may consider Class 3 for skincare products and Class 35 for retail services. It would file the brand name or logo through a Nepal agent, rather than assuming its Korean certificate protects the Nepal launch.
Before filing, the company should search close spellings and similar marks, confirm the owner shown on its Korean certificate, prepare the board resolution and execute the Power of Attorney. If the distributor operates independently, the Korean company should decide carefully whether the distributor needs any ownership or licence role.
This example is hypothetical. It shows why class coverage, ownership and timing should be settled before packaging, social campaigns or distributor appointments begin.
What alternatives and edge cases should a Korean owner consider?
A Korean company may file a wordmark, a logo, or both, depending on how it presents the brand. A distributor’s Nepal registration is not automatically the same as the Korean owner’s registration. Decide ownership before filing, because later assignment or record changes require separate administrative work.
If another applicant files a confusingly similar mark, the owner can consider opposition during the Industrial Property Bulletin period. For an existing infringement, a registered owner may seek enforcement through the DoI process and other lawful remedies. IP Sewa’s team can help assess an opposition or enforcement matter; it does not provide an automated public Bulletin alert service.
Foreign owners also need renewal planning. A trademark is valid for seven years and can be renewed for successive seven-year terms. The renewal application should be filed within 35 days of expiry; a limited late period may apply under the Act. Keep the Nepal registration, owner details and representative contact information current.
For the statutory text and official legal materials, consult the Nepal Law Commission’s legal resources. This article is general information, not legal advice for a particular mark, class or dispute.
In short, what should a Korean company do first?
Start before entering the Nepali market. Search the mark, identify every relevant NICE class, confirm the Korean owner, prepare certified documents and appoint a Nepal-based agent. Then file directly at the DoI and plan for examination, Bulletin publication, the 90-day opposition period and a typical 12–14-month route to certification.
- Search before spending on Nepal packaging or promotion.
- File each product or service class that genuinely matters.
- Keep Korean and English corporate records consistent.
- Protect both the commercial name and important logo versions.
- Record the registration date and plan renewal well ahead of expiry.
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Start with a search of Nepal’s trademark database, use the relevant free trademark tools to organise your classes, and ask our team for filing help for your Korean trademark in Nepal.
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