A US company gets trademark registration in Nepal by filing a national application with the Department of Industry through a local representative. Nepal is outside the Madrid System, so a US registration does not reach here. US owners are the third-largest group in IP Sewa's index, with 5,498 published entries.
Key takeaways
- A US registration has no force in Nepal until the mark is registered here, under Sec. 21B of the Patent, Design and Trade Mark Act 1965.
- Nepal is not in the Madrid System, so every Nepal filing is a direct national application.
- Sec. 21C lets the Department register a mark already registered abroad without enquiries when the foreign certificate is filed; it is a "may", not a promise.
- Our index holds 5,498 US-owned entries from 865 owners; 497 were published in 2026 alone.
- The US company stays the owner; a distributor or agent should never file in its own name.
Does a US registration protect the mark in Nepal?
No. Trademark rights are territorial. Sec. 21B of the Act, published by the Nepal Law Commission, says the title to a mark registered in a foreign country is not valid in Nepal unless it is registered here by the person concerned.
A USPTO certificate, a domain or sales in Nepal do not create a Nepal right. The first-to-file principle generally applies, so a local filer can get there first.
Can a US company use the Madrid System for Nepal?
No. Nepal is not a member of the Madrid System, according to WIPO's Madrid membership records, so Nepal cannot be designated in an international registration. Each Nepal filing is a national application.
Nepal is a member of the Paris Convention, so a recent US application can support a priority claim. Check the treaty status again when you plan a filing, as memberships change.
What does Sec. 21C mean for a US owner?
Sec. 21C says the Department may register a mark already registered in a foreign country without conducting any enquiries, if the application comes with the foreign registration certificate. The same section gives the holder the facilities of the Paris Convention.
The word is "may". Treat a certified copy of the US certificate as strong support for the file, not a guarantee that examination will be skipped or that a conflicting local mark will be ignored.
Who files the application in Nepal?
A Nepal representative files under a power of attorney from the US company. The representative handles the Department's letters, examination answers and the Bulletin stage, but does not become the owner by handling the file.
Agree in writing who approves answers, opposition decisions and renewals, and keep copies of every filed document with the company's own records.
Which US companies file in Nepal?
Across 123 Industrial Property Bulletin issues, from January 2006 to 16 October 2026, our index holds 5,498 entries with a US owner address. That is 7.7% of 71,842 marks, third after Nepal with 42,939 and India with 5,874, and ahead of China with 3,869.
Grouping name spellings so one owner counts once, 865 US owners appear, from global groups to single-brand exporters.
Johnson & Johnson leads with 295 entries and Apple Inc. follows with 258. Monster Energy Company has 77, Verizon Trademark Services LLC 73 and The Coca-Cola Company 64. Look up any owner with the owner search.
These are IP Sewa counts of published Bulletin entries, not official statistics, and they show no registration status.
Is US filing in Nepal growing?
Yes, and 2026 is the busiest year yet. US owners had 497 entries published in 2026 by mid-October, against a previous high of 363 in 2022.
It passed 300 a year in nine of the twelve years from 2015.
Which classes do US owners file in?
Class 9 leads with 715 US entries, mostly electronics and software, followed by Class 5 pharmaceuticals with 617. Then come Class 41 education and entertainment with 383, Class 35 advertising and retail with 373, and Class 42 software services with 329.
Nepal requires a separate application for each class under Sec. 18A, so a US company selling a product and a related service files twice. Map your range with the NICE class finder, and see what US rivals have filed with search by NICE class.
How should a US company word its goods list?
Most US entries in the Bulletin do not print a list at all: 4,172 of the 5,498 show only a reference such as "AS PER HRC". Do not read that as a model. Under the NICE classification, the goods or services you name set the scope of the registration.
Copying a USPTO specification word for word can carry US-only terms. Name what you sell in Nepal in WIPO's published wording, using the goods and services search as a drafting aid.
How should a US company search the mark?
Search the exact name, spelling variants, sound-alikes, translations and the logo, in your class and in related ones.
Nepali shoppers may see the name in Devanagari script too, so check transliterations.
The published trademark search covers marks in Department bulletins, not unpublished filings, so a blank result is not proof the name is free. The conflict checker helps organise the review.
Should a distributor file the Nepal mark?
No. If a distributor files in its own name, it may own the Nepal registration, and getting it back can take an opposition or a dispute. File in the US company's name before the distributor launches.
A licence to use the mark should be in writing. Under Sec. 21D, the owner may give written approval for use, and both parties file a joint application with the Department to record it. A lawyer should review the agreement.
What documents does a US applicant need?
Under current Department practice, a foreign file is built from the papers below. Confirm the current checklist the Department of Industry publishes before anything is signed and couriered.
| Document | Provided by | Why it matters |
|---|---|---|
| Application form and four specimens of the mark | Nepal representative | Sec. 17 filing for one class. |
| Power of attorney, notarised | US company | Lets the representative act. |
| Certified English copy of the US certificate | US company | Supports a Sec. 21C request. |
| Copy of the earlier US application | US company | Only for a priority claim. |
| Goods or services list for each class | Both, agreed in writing | Sets the scope of protection. |
| Written approval of use for a distributor | Both parties | Recorded jointly under Sec. 21D. |
Make the owner name, suffix, address and mark image match across every document. Costs depend on the filing; the fee calculator shows sourced, dated government fees.
How does the Nepal filing process work?
Filing happens at the Department of Industry, one class at a time:
- Confirm the owner. Use the US company's exact legal name and address.
- Map the products to classes. Each class is a separate Sec. 18A filing.
- Search the mark. Check names, sounds, scripts and logos.
- Sign the power of attorney. Authorise the Nepal representative.
- File the application. Sec. 17 asks for the prescribed form with four specimens of the mark.
- Answer examination. Under Sec. 18(1) the Department investigates and gives you a chance to be heard.
- Watch the Bulletin. The 90-day opposition window runs from publication; act before the deadline the Department states.
- Collect the registration certificate. Once the registration fee is paid, the Department issues it under Sec. 18(2).
Over the 12 latest issues, our records show a median filing-to-publication gap of about 3.5 months, though about one mark in six waits over two years. An unopposed mark typically takes about 12 to 14 months to certificate, 6 to 8 in the smoothest cases; treat both as guidance, not a promise. Our trademark registration service runs each stage.
What if a conflicting Nepal mark appears?
Compare the names, owners, classes and dates before reacting to one shared word. If a confusingly similar mark is published, the opposition window closes 90 days after publication, so preserve the Bulletin notice and act early.
Our opposition service can act inside the window. A US certificate supports the case but does not replace a Nepal right.
Watch your own file too. Once you have the Nepal application number, the application-number lookup shows whether it has appeared in a published Bulletin, which starts the 90-day clock for others to oppose it.
How long does the Nepal registration last?
Seven years from registration under Sec. 18D, and the mark is renewable any number of times, seven years at a time, under Sec. 23B. Renew within 35 days after expiry; a six-month late window follows on a fine, after which the registration is cancelled automatically.
The Nepal renewal term runs from the Nepal registration date, not the US one. The renewal calculator works out the dates.
Under Sec. 18C, a mark not used within one year of registration can be cancelled after inquiry, so file for the products you will actually sell in Nepal.
Common mistakes by US applicants
- Assuming a US or Madrid registration covers Nepal. It does not.
- Letting a distributor file. The filer may end up owning the Nepal mark.
- Mismatched names or suffixes. "Inc." on one paper and "LLC" on another invites questions.
- Copying the USPTO goods list. Write the Nepal list for the Nepal range.
- Searching only the Latin spelling. Check Devanagari transliterations too.
- Tracking the US renewal date. The Nepal term runs from the Nepal registration.
What does a two-class US filing look like?
This is an illustration, not a real case. "Blue Cedar Apparel", a US clothing brand, is entering Nepal through a Kathmandu distributor and plans an online shop for Nepali customers.
The clothing is Class 25 and the online retail service is Class 35, so it files two applications in its own name, with a certified copy of its US certificate.
The distributor gets written approval to use the mark, recorded jointly under Sec. 21D.
Filing before the distributor launches keeps the Nepal registration with the brand owner.
In short
A US company needs its own Nepal filing: no Madrid route, a local representative, one class per application, and the company named as owner. A US certificate helps under Sec. 21C but is not a substitute.
US owners already hold 5,498 published entries and filed more in 2026 than in any year before. Search first, file before launch, and for a written view our trademark search service weighs the conflicts.
People also search for
- Trademark registration in Nepal for Indian companies
- Trademark registration in Nepal for Chinese companies
- Trademark registration in Nepal for UK companies
- Trademark registration for software companies in Nepal
Bringing a US brand to Nepal? Contact IP Sewa and we will prepare the filing in your company's name.
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