A US company can register a trademark in Nepal through a direct national application to the Department of Industry. Nepal is outside the Madrid System, so protection does not extend automatically from the United States. The applicant should appoint a Nepal representative and verify the current foreign-owner document requirements before filing.
Key takeaways
- The US company remains the applicant and intended owner.
- Nepal protection requires a national filing because Nepal is not a Madrid System member.
- A Nepal-based representative handles the Department procedure under written authority.
- Company names, addresses, mark representations and signatures should match across documents.
- Nepal requires a separate application for each Nice Classification class.
- Published-mark searches do not reveal every filed or registered mark.
- A registered Nepal trademark has a renewable seven-year term.
Can a US company register directly in Nepal?
Yes. A foreign company can seek registration under Nepal's Patent, Design and Trademark Act 1965. It does not generally need to create a Nepal subsidiary merely to own the trademark, although its commercial operations may raise separate company, investment, tax or regulatory questions.
The Nepal application should use the exact legal owner name. Avoid filing casually in a distributor's or employee's name. If the brand will be licensed locally, ownership and permitted use should be recorded in writing and reviewed by a lawyer.
Does a United States registration automatically cover Nepal?
No. Trademark rights are territorial. A United States registration, domain, company name or product launch does not create a Nepal certificate. Nepal is not a contracting party to the Madrid System, so the owner uses the national Department route.
Sec. 21B states that title to a trade mark registered in a foreign country is not valid in Nepal unless it is registered here by the person concerned. The United States certificate can support the file, but it does not replace the Nepal application.
The WIPO Madrid resources provide the current membership framework. Treaty status should be checked again when planning a future filing.
What does the Nepal representative do?
The representative submits the application, receives Department communications, coordinates responses and tracks publication and registration formalities within the authority granted. The representative does not become the owner merely by handling the file.
Agree in writing who approves changes, responses, opposition positions and renewal instructions. Keep copies of every filed representation, specification, acknowledgment and official notice with the US company's records.
Should the company file a word mark, logo or both?
A word-mark application focuses on the name without limiting it to one visual presentation. A logo or combined-mark application focuses on the filed design. If the name and device each carry commercial value, the owner can assess separate applications rather than assuming one combined label protects both equally.
Use the same mark representation throughout the file. If United States packaging and Nepal packaging use materially different scripts or logos, decide which sign will identify the goods in Nepal. A future redesign may need a new search and filing review.
Which classes should an exporter choose?
| United States offering in Nepal | Possible class | What to confirm |
|---|---|---|
| Clothing and footwear | 25 | The actual finished goods |
| Tea, spices or confectionery | 30 | Ingredients and commercial form |
| Pharmaceutical preparations | 5 | Product type and regulatory position |
| Downloadable software | 9 | Software supplied as a good |
| SaaS or development | 42 | Hosted or technical service |
| Retail or advertising services | 35 | The service, not merely sale of own goods |
These are starting points, not ready-made specifications. Classification follows what the applicant sells or provides under the mark. Nepal requires one application for each class, so a product and related service may require separate filings.
Use the Nice class finder and goods and services search to organise the list, then compare current WIPO entries and Department practice.
How should a US company search the mark?
Search exact and similar names, spelling variants, sound-alikes, translations, transliterations and visual elements. Review the primary class and commercially related fields where customers may expect one source.
The IP Sewa database searches marks published in Department bulletins, not every filed or registered mark. A blank result does not prove availability. Use the conflict checker and consider a professional search review.
Nepal follows a first-to-file framework, so waiting until a distributor launch can increase risk. Record the search date, classes and close results, then repeat the check if the mark, owner or Nepal product range changes before filing.
How should a distributor relationship be documented?
The distribution agreement should identify the trademark owner, permitted territory, products, quality controls and what happens when the relationship ends. It should also state who instructs the Nepal representative and who retains the application and certificate records.
Sec. 21D addresses use by another person with the registrant's written permission. The legal effect of a licence, distributorship or assignment depends on the documents and facts, so a lawyer should review the arrangement rather than relying on the trademark application alone.
What documents should a foreign owner prepare?
Prepare the exact applicant name, registered address, mark representation, class specification and authority documents. A Nepal representative may require a power of attorney and corporate evidence. A priority claim requires its own supporting record and deadline analysis.
Do not treat an old checklist as current. Verify execution, notarisation, certification, translation and home-registration requirements with the Department of Industry and the filing representative before originals are signed or couriered.
Check every translated or certified copy against the source document. Small differences in the owner suffix, address, mark image or signatory authority can trigger clarification and should be corrected before submission.
Can a US filing support a priority claim?
A qualifying earlier application may support a Paris Convention priority claim if the legal conditions and deadline are met. Priority is not the same as automatic protection or a Madrid designation.
Preserve the earlier application, filing date, applicant identity and certified evidence. Ask the Nepal representative to assess eligibility before filing; do not assume a United States registration certificate alone establishes priority.
How does the Nepal filing process work?
The Patent, Design and Trademark Act 1965 supplies the national route. Sec. 17 addresses applications, Sec. 18 examination and registration, Sec. 18A requires separate class applications, and Sec. 21C addresses certain foreign-registered marks.
Section 2(c) defines a trade mark as a word, symbol, picture or combination used to distinguish one person's goods or services from another's. The filed word or logo and its class scope therefore matter more than the applicant's country.
- Confirm the owner. Use the US company's exact legal identity.
- Map the offering. Separate goods and services by class.
- Search the mark. Review words, scripts, meanings and logos.
- Prepare authority documents. Confirm current execution and certification requirements.
- File through the representative. Submit one application for each class.
- Answer examination. Address similarity, distinctiveness or document issues.
- Track publication. Save the Bulletin issue and opposition deadline.
- Verify registration. Check owner, mark, class and scope on the certificate.
What happens after filing?
The Department examines the application and may raise questions about the sign, specification or supporting papers. A qualifying application appears in the Industrial Property Bulletin before the process reaches registration.
The Department's 8 July 2025 Bulletin stated a 90-day opposition period for its listed applications. That is the standard period for a published trademark, counted from Bulletin publication; the deadline the Department states prevails, so act before the last day.
What if a conflicting Nepal mark appears?
Compare the signs, owners, classes, specifications and relevant dates rather than reacting to one shared word. A conflict may extend across related goods or services when customers could believe they come from the same source.
If a concerning application appears in a Bulletin, preserve the notice and deadline and obtain advice promptly. The opposition and enforcement service can assess a specific matter. Legal action should be based on the evidence and Nepal right, not only a United States certificate.
What changes should be tracked after registration?
Keep the Nepal file current when the owner changes name or address, merges, assigns the mark or changes its representative. Corporate records should explain continuity between the certificate owner and the current business.
Review each new product or service before assuming it falls within an existing specification. Use the owner and applicant search to inspect published owner data, while recordal requirements should be confirmed with the Department and representative.
How long does Nepal registration take?
No current official service standard guarantees a filing-to-certificate duration. Foreign-document corrections, examination, publication scheduling, responses and opposition can change the calendar. Plan market entry without treating an estimate as a promise.
How long does the Nepal registration last?
Sec. 18D gives a registered mark a term of 7 years from registration, and Sec. 23B permits further seven-year renewals. The ordinary renewal deadline runs for 35 days after expiry, followed by the statutory six-month late-renewal route.
Record the Nepal certificate date separately from United States records. The seven-year renewal term runs from the Nepal registration. The renewal calculator can support planning, while the renewal service can review the record.
How would an exporter plan the filing?
Imagine “Blue Cedar Apparel,” a US clothing company entering Nepal through a distributor. This is an illustration, not a real case. It searches the word and logo, identifies Class 25 for clothing and considers Class 35 only if it genuinely provides separately branded retail services.
The company remains the applicant, authorises the Nepal representative and keeps the distributor agreement separate from trademark ownership. It verifies the filed mark and specification before launch and records the Nepal certificate independently.
Common mistakes by US applicants
- Assuming a United States registration or Madrid filing covers Nepal.
- Allowing a distributor or agent to file in its own name without an ownership plan.
- Using inconsistent company names, suffixes, addresses or mark images.
- Copying a home-country specification without checking Nepal classes.
- Searching only an exact Latin-script spelling.
- Relying on an outdated foreign-applicant document checklist.
- Treating filing as if it were already registered protection.
What should the foreign-owner checklist include?
- Exact legal owner and registered address.
- Word mark, logo and product-brand priorities.
- Class list tied to Nepal goods and services.
- Searches across names, sounds, scripts and logos.
- Current authority, corporate, translation and priority papers.
- Instructions for examination and opposition decisions.
- Certificate verification and Nepal renewal calendar.
In short
A US company uses Nepal's national filing route, with the foreign company as owner and a Nepal representative handling procedure. Search first, classify the actual offering, verify current document formalities and keep Nepal ownership and renewal records separate from United States rights.
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For a US-owner document, search and class review, use the trademark registration service or contact IP Sewa.
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