Brand-Protection Checklist for New Businesses in Nepal

A brand protection checklist Nepal founders can follow starts with a trademark search and filing at the Department of Industry (DoI). Under the Patent, Design and Trademark Act 1965 (PDTA), Nepal is first-to-file, and an unopposed trademark registration typically takes about 12–14 months.

Key Takeaways

New businesses should protect their brand before public launch because the DoI grants trademark rights through registration, not simply use. A first-to-file system rewards the earliest valid application, while the PDTA gives a registered mark a renewable seven-year term.

• Search your proposed wordmark, logo and close spelling variants before printing signs or launching ads.
• File the trademark in every relevant NICE Classification class; Nepal requires one application for each class.
• Registering a company name with the Office of the Company Registrar (OCR) does not replace DoI trademark registration.
• Keep written proof that your company owns its logo, packaging, website work, product designs and confidential material.
• Use the same core spelling across your trademark, company name, domain and social accounts where possible.
• Review the Industrial Property Bulletin after filing because trademark opposition has a 90-day window.
• Renew a registered trademark every seven years and do not treat the registration certificate as a permanent right.

What does a brand protection checklist cover in Nepal?

A new business IP checklist covers the name customers remember, the trademark that identifies goods or services, company-name records, ownership documents and confidential know-how. The DoI administers trademark registration under the PDTA, while OCR incorporation records serve a different business purpose.

Your brand is more than a logo. It may include a business name, product name, app name, packaging look, café sign, slogan, customer-facing domain and social identity. Some assets need formal registration; others need careful contracts, controlled access or clear evidence of ownership.

The central item is the trademark. A trademark, also called a trade mark or TM, is a word, symbol, picture or combination that distinguishes your goods or services from others. Once registered, you may describe it as a registered mark and use ® appropriately. Do not present an unregistered mark as registered.

Why should a startup protect its brand before launch?

Startups should file early because Nepal follows first-to-file rules and Sec. 16 ties trademark title to DoI registration. A name used first in a shop, on TikTok or on packaging may still face trouble if another party holds an earlier valid application.

In practice, a rename is most painful after launch. You may have paid for menus, labels, an e-commerce site, delivery listings and influencer content. A refused application can also leave a buyer, investor or distributor asking whether the business actually owns its public identity.

Early protection also creates a clean record. Keep dated drafts, invoices, design files, founder approvals and signed contracts. These records do not replace trademark registration, but they help show how the business developed and acquired its assets.

How do you search a name before filing a trademark in Nepal?

You should search existing marks before committing because DoI examination considers earlier registrations and goodwill under Sec. 18. Search exact words, phonetic matches, alternate spellings and similar marks in related NICE classes, then assess the commercial risk before filing.

1. List the brand name, likely misspellings, Nepali-script versions and any slogan you plan to use.
2. Search the Nepal trademark database for identical and similar wordmarks, owners and relevant classes.
3. Check your intended goods and services using the NICE class finder rather than choosing a class by guesswork.
4. Review similar company names at the OCR before incorporation or a company-name change.
5. Check whether a matching domain and practical social handles are available, then keep evidence of what you found.
6. Ask for a professional clearance view where a close result appears, especially before a major launch or investment.

A database result is not an automatic yes or no. The real question is whether customers may think the two brands come from the same business. Logos need a separate visual assessment too, because a word search cannot fully test a figurative mark.

Which NICE classes should a new business choose for its brand?

You should choose NICE classes by what you sell now and realistically plan to sell, because Sec. 18A requires a separate application for each class. NICE Classification has 45 classes: goods fall in Classes 1–34 and services in Classes 35–45.

There is no one “startup class.” A clothing seller, restaurant, software provider and cosmetics business protect different commercial activities. Class choice defines the scope of each application, so filing only where you do not trade can leave a serious gap.

What documents should a new business prepare for trademark filing?

Applicants should prepare the DoI application materials before filing because a complete application fixes the relevant filing position under Nepal’s first-to-file system. Domestic filings commonly need the application form, mark label, power of attorney, company authority documents and business records.

A Nepali company will generally need a board resolution, a notarised power of attorney and a clear label of the wordmark or logo. Depending on the applicant and filing basis, the DoI may also require industry and tax-related documents. Foreign applicants file directly through a Nepal-based representative and commonly provide home registration material and authority documents.

If you claim Paris Convention priority, preserve certified filing evidence and have supporting documents ready in English where required. Nepal is a Paris Convention and TRIPS member, but it is not part of the Madrid System. A foreign registration does not automatically protect your brand in Nepal.

How does trademark registration move from filing to certificate?

Trademark registration moves through DoI examination, Industrial Property Bulletin publication and a 90-day opposition period before certificate issue. When unopposed, the typical end-to-end timeline is about 12–14 months, although a smooth straightforward case can finish in about 6–8 months.

The DoI examines whether the mark can register, including whether it conflicts with an earlier mark or damages another mark’s goodwill. If the examiner raises a concern, your response and evidence matter. Publication is not the final result; it opens the mark to opposition from third parties.

How do company names, domains and contracts support a trademark?

Company registration, domains and contracts support a trademark but do not replace DoI registration under Sec. 16. OCR records allow a company to incorporate, while a domain or social account is a practical digital address rather than a registered trademark right.

Secure a sensible domain and the main social handles once your name survives clearance. Keep the spelling consistent. If the exact handle is unavailable, avoid a confusing variation that makes customers question whether the account is official.

Also make ownership explicit. A founder, employee, developer or designer may create valuable brand assets. Use written agreements that identify the company as owner or transfer rights clearly. This is especially useful for logo source files, packaging artwork, product photographs, website copy, software and confidential recipes or customer information.

What are the most common brand-protection mistakes in Nepal?

Common mistakes include treating OCR incorporation as trademark ownership, choosing the wrong NICE class and delaying DoI filing until after launch. These errors matter because the PDTA protects registered marks and Nepal requires a separate application for every class under Sec. 18A.

• Filing only a logo: if customers use the name in speech, protect the wordmark as well where appropriate.
• Choosing a descriptive name: names that merely describe products can be difficult to distinguish and defend.
• Ignoring related classes: a packaged-food brand may need different coverage from a café service.
• Using ® too early: reserve it for a registered trademark, not an application awaiting examination.
• Forgetting use: Sec. 18C allows cancellation where a registered mark is not used within one year of registration.
• Missing renewal: record the seven-year date as soon as the registration certificate arrives.

What would startup brand protection look like in practice?

A Kathmandu startup selling “Himal Brew” cold coffee would search Class 30 for packaged drinks and Class 43 if it also runs a café, then file each needed class separately at the DoI. The 90-day Bulletin opposition period follows acceptance, not the initial filing date.

The founders should also check whether “Himal Brew” or a close sound-alike appears on the trademark register, review the OCR company-name position, and secure practical digital accounts. If a freelancer creates the mountain-logo artwork, the company should obtain a signed ownership document and keep the original design files.

If the business later launches branded mugs or clothing, it should reassess its classes before assuming the original filings cover those goods. That is the discipline behind startup brand protection: protect the commercial activity you actually have, then update the plan as the business expands.

How much does a brand-protection plan cost and what should you do next?

Brand-protection cost depends on the number of NICE classes, the type of mark, search depth, document preparation and whether an objection or opposition arises at the DoI. Trademark registration has government and professional components, and every additional class creates a separate filing track.

A careful search can reduce the risk of spending on a name that cannot proceed. A wordmark and logo may also need separate strategy depending on how you use them. For a current estimate based on your classes and applicant type, use the trademark fee calculator or ask our team for advice.

In short: search before launch, file your core brand promptly, select each relevant NICE class, keep ownership paperwork tidy, and renew the registered mark every seven years. This guide is general information, not legal advice; facts and risk can differ by mark and market.

People also search for

Founders often need connected guidance on naming, trademark registration, online brand identity and industry-specific protection. These Nepal-focused guides explain the next questions that usually arise after completing a new business IP checklist and preparing a DoI trademark application.

• How to name a startup with a registrable brand in Nepal
• Brand registration in Nepal
• How to protect a trademark, domain and social handles in Nepal
• Intellectual property registration checklist for Nepal businesses
• How technology startups protect brands and IP in Nepal
• IP compliance for Nepali businesses

Start by searching your proposed name in the Nepal trademark database, then speak with our team through IP Sewa contact support about your filing strategy and trademark registration service.