Nepal operates a first-to-file trademark system: the right to a mark belongs to whoever files first, not necessarily whoever used it first. This single rule shapes how businesses should think about brand launch timing in the Nepali market.
Why filing order matters
Unlike jurisdictions that recognise prior use, Nepal grants rights based on registration priority. A company that delays filing risks losing its mark to a third party, even one with no prior connection to the brand.
Implications for market entry
Businesses planning to enter Nepal should file trademark applications well before launch — ideally as soon as a brand name and logo are finalised, rather than waiting for the commercial rollout.
Defensive filing strategy
We often advise clients to file defensively across related classes to prevent squatting on adjacent product categories, particularly for brands with strong regional recognition.
This article provides general information, not advice on a specific matter. The applicable law, procedure and facts should be checked before taking action.
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