Trademark Registration in Nepal for UAE Companies

UAE companies expanding into Nepal must register their trademark with the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. Nepal follows a first-to-file system, so rights go to the first valid application, not the first user. The process takes 12–14 months when unopposed and covers one NICE class per application.

Key Takeaways

• Nepal’s trademark system is first-to-file—register early to secure rights.
• The Department of Industry (DoI) handles all applications and oppositions.
• One application covers one NICE class; UAE companies often file in multiple classes.
• Publication in the Industrial Property Bulletin triggers a 90-day opposition window.
• Registration is valid for 7 years and renewable indefinitely in 7-year terms.
• Foreign applicants must file through a Nepal-based agent with a Power of Attorney.
• Common NICE classes for UAE companies include Class 35 (business services), Class 42 (tech services), and Class 25 (clothing).

Why UAE companies must register their trademark in Nepal

Nepal’s trademark system is first-to-file, not first-use. Sec. 16 of the Patent, Design and Trademark Act 1965 grants rights only to the first valid applicant, not the first business to use the mark. Without registration, a UAE company’s brand name, logo, or tagline can be registered by a local competitor, blocking the original owner from entering the market. The Department of Industry (DoI) publishes all applications in the Industrial Property Bulletin, giving third parties 90 days to oppose.

In practice, we see UAE brands in hospitality, tech, and retail lose rights because they assumed prior use in the UAE would protect them in Nepal. The Paris Convention offers priority claims, but only if you file in Nepal within six months of your UAE application. After that, the first local applicant wins. Registration also lets you enforce rights in court and stop counterfeit goods at customs.

Which NICE classes apply to UAE companies in Nepal

Nepal uses the NICE Classification system, with 45 classes—34 for goods and 11 for services. Each trademark application covers only one class. UAE companies typically file in multiple classes depending on their business. The Department of Industry (DoI) examines each class separately, so you’ll pay separate government and professional fees for each. Common classes for UAE businesses include Class 35 (business services), Class 42 (tech and software services), and Class 25 (clothing and footwear).

For example, a UAE-based cloud computing company would file in Class 42 for its software services and Class 9 for its mobile app. A fashion brand would file in Class 25 for clothing and Class 35 for its retail stores. The DoI’s examination checks for conflicts within each class, so a mark registered in Class 25 won’t block an identical mark in Class 42. You can search existing marks by class using the NICE class search tool.

How UAE companies register a trademark in Nepal step by step

UAE companies must file through a Nepal-based agent or representative. The Department of Industry (DoI) requires a Power of Attorney signed by the company’s authorised officer and attested by two witnesses. The process follows five main steps: file the application, DoI examination, publication in the Industrial Property Bulletin, a 90-day opposition window, and registration. Here’s how it works in practice.

1. Choose a local agent and prepare documents. You’ll need a notarised Power of Attorney, a board resolution authorising the filing, and a certified copy of your UAE trademark registration. The agent files the application on your behalf.
2. File the application with the DoI. The agent submits the application form, four specimens of the mark, and the required documents. The DoI assigns an application number and issues an acknowledgment receipt.
3. DoI examination. The examiner checks for distinctiveness and conflicts with existing marks. If there’s an objection, you’ll have a chance to respond. This step typically takes 3–4 months.
4. Publication in the Industrial Property Bulletin. If the examiner approves, the mark is published for public opposition. Third parties have 90 days to file an objection.
5. Registration and certificate. If no opposition is filed, you pay the registration fee and receive the certificate. The entire process takes 12–14 months when unopposed.

A common mistake we see is UAE companies assuming their UAE registration automatically protects them in Nepal. It doesn’t. Another is filing in the wrong NICE class—Class 35 covers business services, not retail sales, which often belong in Class 42 or 25. Use the NICE class finder to confirm the right class before filing.

Documents UAE companies need for trademark registration

The Department of Industry (DoI) requires specific documents for foreign trademark applications. UAE companies must provide a notarised Power of Attorney, a board resolution, and a certified copy of their UAE trademark registration. The Power of Attorney must be signed by an authorised officer, sealed, and attested by two witnesses. The board resolution should authorise the filing and name the local agent. All documents must be in English or accompanied by a notarised Nepali translation.

Here’s a checklist of what you’ll need:

• Completed application form (Schedule 1(c) under the Patent, Design and Trademark Act).
• Notarised Power of Attorney (signed, sealed, attested by two witnesses).
• Board resolution of the UAE company authorising the filing.
• Four specimens of the trademark (logo, wordmark, or combination).
• Certified copy of the UAE trademark registration certificate (notarised, in English).
• Priority claim documents (if filing within six months of the UAE application).

In practice, the DoI is strict about document formatting. The Power of Attorney must include the company’s full legal name, registration number, and the agent’s details. The board resolution should state the purpose clearly—“to file and prosecute trademark applications in Nepal.” If any document is missing or incorrectly formatted, the DoI will issue an objection, delaying the process.

Timeline for trademark registration in Nepal for UAE companies

Trademark registration in Nepal typically takes 12–14 months when unopposed. The Department of Industry (DoI) examination phase takes 3–4 months, followed by a 90-day opposition window after publication in the Industrial Property Bulletin. If no opposition is filed, registration is completed within a few weeks. The smoothest cases can finish in 6–8 months, but this is rare—most take closer to 12–14 months due to examiner queries or document corrections.

UAE companies often ask if they can speed up the process. The answer is no—Nepal’s system doesn’t offer expedited examination. The best way to avoid delays is to file complete, accurate documents and respond quickly to any DoI objections. A common delay we see is when companies submit a Power of Attorney without the required attestations, forcing a resubmission.

Legal basis for trademark registration in Nepal

Trademark registration in Nepal is governed by the Patent, Design and Trademark Act 1965 (PDTA). Sec. 16 of the Act states that rights to a trademark are acquired only upon registration with the Department of Industry (DoI). Nepal follows a first-to-file system, meaning the first valid applicant—not the first user—secures the rights. The Act also requires publication in the Industrial Property Bulletin and provides a 90-day opposition window (Sec. 21A).

The PDTA was last amended in 2006 to align with TRIPS and the Paris Convention. Nepal is not part of the Madrid System, so UAE companies must file directly through a local agent. The Act defines a trademark as a word, symbol, picture, or combination used to distinguish goods or services (Sec. 2(c)). It also sets the registration term at 7 years, renewable indefinitely in 7-year increments (Sec. 18D and 23B).

In practice, the DoI’s examination focuses on distinctiveness and potential conflicts with existing marks. Sec. 18(1) prohibits registration of marks that damage another’s goodwill or are already registered. The Act also allows for cancellation if a mark isn’t used within one year of registration (Sec. 18C). UAE companies should note that Nepal doesn’t recognise common-law rights—registration is the only way to secure legal protection.

Common mistakes UAE companies make when registering trademarks in Nepal

UAE companies often make avoidable mistakes that delay or derail trademark registration in Nepal. The most common is assuming their UAE registration protects them locally—it doesn’t. Nepal’s first-to-file system means a local competitor can register your mark first. Another frequent error is filing in the wrong NICE class. Class 35 covers business services, not retail sales, which often belong in Class 25 or 42. Misclassification leads to objections and refiling.

Here are other mistakes we see regularly:

• Incomplete Power of Attorney. The DoI requires the document to be notarised, signed by an authorised officer, sealed, and attested by two witnesses. Missing any of these leads to rejection.
• Incorrect document formatting. The board resolution must clearly state the purpose—“to file and prosecute trademark applications in Nepal.” Vague language causes delays.
• Not checking for conflicts. The DoI examines for identical or similar marks in the same class. Use the conflict checker before filing to avoid objections.
• Missing the priority deadline. The Paris Convention allows a six-month priority period. If you file in Nepal after that, you lose the priority claim.
• Ignoring the opposition window. After publication, third parties have 90 days to oppose. Monitor the Industrial Property Bulletin to respond quickly if needed.

A realistic example: A UAE-based fintech company filed in Class 36 (financial services) but forgot to include its mobile app, which belongs in Class 9. The DoI issued an objection, forcing a refiling and adding three months to the process. Another company submitted a Power of Attorney without the required attestations, leading to a rejection and a two-month delay.

Alternatives and edge cases for UAE companies

Most UAE companies register their primary brand name and logo, but some face edge cases. For example, if your mark is already registered by a local business, you may need to negotiate a transfer or file an opposition. The Department of Industry (DoI) allows assignments (Sec. 21D of the PDTA), but the process requires a separate application and fee. Another option is to file a new, distinct mark—use the AI brand name generator to explore alternatives.

If your mark is descriptive or lacks distinctiveness, the DoI may reject it. In that case, consider filing a stylised logo instead of a plain wordmark. For example, a UAE coffee chain with a generic name like “Arabica House” might register a distinctive logo with unique typography and graphics. The DoI is more likely to approve stylised marks that aren’t purely descriptive.

UAE companies expanding into multiple sectors may need to file in several NICE classes. For instance, a tech company offering both software (Class 9) and consulting services (Class 42) must file separate applications. The DoI charges per-class fees, so budget accordingly. Use the NICE class finder to identify all relevant classes before filing.

In short

• Nepal’s trademark system is first-to-file—register early to secure rights.
• UAE companies must file through a local agent with a notarised Power of Attorney.
• One application covers one NICE class; common classes include 35, 42, and 25.
• The process takes 12–14 months when unopposed, with a 90-day opposition window.
• Registration is valid for 7 years and renewable indefinitely in 7-year terms.
• Avoid common mistakes like misclassification, incomplete documents, and missing the priority deadline.

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Ready to protect your brand in Nepal? Start with a trademark conflict check to see if your mark is available. If it is, file your application through a local agent to secure your rights. For questions or help with documents, contact us—we handle the entire process for UAE companies.