When Burger King expanded to Australia in 1971, it discovered a small takeaway shop in Adelaide already held the "Burger King" name. The US fast-food giant couldn't use its own brand. Instead, it chose "Hungry Jack's" — and that trademark standoff still teaches a powerful lesson for any business filing a mark in Nepal today.
Key Takeaways
- Burger King cannot use its own name in Australia because a local business registered "Burger King" first — a classic first-to-file outcome.
- Nepal follows the same first-to-file system under the Patent, Design and Trade Mark Act 1965; the first valid applicant gets the rights, not the first user.
- The Department of Industry (DoI) examines every trademark application and publishes accepted marks in the Industrial Property Bulletin for a 90-day opposition window.
- Nepal uses the NICE Classification; a trademark registered in one class can coexist with the same name in a different class — but a famous mark may still block you.
- Hungry Jack's is now a master brand in Australia, proving that losing one name doesn't end a business — but registering early prevents the fight entirely.
Why couldn't Burger King use its own name in Australia?
When Burger King's master franchisee, Jack Cowin, prepared to open the first Australian store in 1971, a trademark search revealed that a small takeaway shop in Adelaide had already registered "Burger King" as its trademark. Australia is a first-to-file jurisdiction — the registered owner holds the exclusive right, regardless of how famous the US chain was elsewhere. Cowin had to find a different name, fast. He adapted a product name Burger King was running in the US at the time — "Hungry Jack" pancakes — and the Hungry Jack's brand was born. It is now one of Australia's largest fast-food chains, with over 400 outlets.
What does this story teach a Nepali business owner about trademarks?
Nepal, like Australia, is a strict first-to-file country under the Patent, Design and Trade Mark Act 1965 (PDTA). The Department of Industry (DoI) does not ask who used a name first in the market — it asks who filed a valid application first. If you have been running a restaurant, clothing label, or software firm for years under an unregistered name, and someone else files it with the DoI before you do, they get the registration. You could lose the name you built your business on. A common mistake we see is assuming that having a company registration at the Office of the Company Registrar (OCR) protects your brand — it does not. Only a trademark registration with the DoI gives you exclusive rights to stop others from using the name.
Who owns the Burger King trademark in Australia today?
The original Adelaide shop's registration blocked Burger King from entering Australia under its own name for decades. Burger King Corporation eventually acquired the Australian "Burger King" trademark rights, and in the 2000s began opening corporate-owned Burger King outlets in Australia. However, the master franchise agreement with Hungry Jack's Pty Ltd prevented a full rebrand. Both brands now coexist: Hungry Jack's runs the franchise network, while Burger King operates a small number of corporate stores. The standoff is a textbook example of how a prior trademark registration can shape an entire country's market for generations.
How does Nepal's first-to-file system work in practice?
Under Sec. 16 of the PDTA, title to a trademark is acquired only upon registration with the DoI. You file an application on the prescribed form with four specimens of your mark. The DoI examines it for distinctiveness and conflicts with earlier filings. If accepted, the mark is published in the Industrial Property Bulletin, opening a 90-day window for anyone to oppose it. If no opposition is filed — or if an opposition is resolved in your favour — you pay the registration fee and receive your certificate. The whole process typically takes 12 to 14 months when unopposed, though straightforward cases can finish in about 6 to 8 months. Once registered, your mark is protected for seven years and renewable indefinitely.
What NICE classes would a restaurant like Burger King or Hungry Jack's file under in Nepal?
A fast-food or restaurant chain in Nepal files primarily in Class 43, which covers restaurant, café, and catering services. But a full brand-protection strategy goes further. Here are the classes a chain of this type would typically cover:
Could the Burger King scenario happen in Nepal?
Yes — and it does, more often than you might think. A small business registers a name locally, and a larger domestic or foreign company later discovers it cannot use its own brand when expanding. Because Nepal is not a member of the Madrid System, foreign brands must file directly through a Nepal-based agent. If an overseas chain has not registered its mark with the DoI before a local business files the same name, the local filing wins. There is no automatic protection for a mark that is famous abroad. Nepal does recognise well-known marks under the Trademark Directives, 2072 BS, but proving that status requires evidence and a separate legal process — it is not a substitute for registration.
What are the steps to register a restaurant brand name in Nepal?
Registering a restaurant or food-business trademark in Nepal follows the standard DoI process. Every step matters, and skipping the initial search is the most common error we see.
- Search the trademark database first. Use the DoI's records and IP Sewa's trademark search tool to check if your proposed name or a confusingly similar one is already filed. A search takes only a few minutes and can save you from building a brand that cannot be registered.
- Identify your NICE class(es). A restaurant will normally file in Class 43 at minimum. If you also sell packaged sauces, frozen burgers, or branded merchandise, you may need additional classes. Our NICE class finder can help you map every product and service to the correct class.
- Prepare and file the application. File the prescribed form with four specimens of your mark, a notarised Power of Attorney, and a board resolution if the applicant is a company. Foreign applicants also need a certified copy of their home registration certificate, translated into English if it is in another language.
- Respond to DoI examination. A DoI examiner reviews your mark for distinctiveness and for conflicts with earlier registrations. If the examiner raises an objection, you will have an opportunity to respond and defend your application.
- Publication and opposition window. If the DoI accepts your mark, it publishes it in the Industrial Property Bulletin. Anyone — a competitor, a prior user, or a brand owner from abroad — has 90 days to file an opposition.
- Pay the registration fee and receive your certificate. If no opposition is filed, or an opposition is resolved in your favour, you pay the registration fee and the DoI issues your registration certificate. Your mark is now protected for seven years.
What drives the cost of trademark registration in Nepal?
The total cost of registering a trademark in Nepal has two components: the government fees set by the DoI and the professional fees for the agent or lawyer who prepares and handles your application. Government fees are charged per mark, per class — if your restaurant brand needs three classes, you pay the application fee and the registration fee three times. Professional fees vary depending on the complexity of your mark, whether you have a prior home registration to rely on, and whether any opposition or examiner objection arises during the process. For a current cost estimate tailored to your situation, use our trademark fee calculator or contact our team.
How long does the whole registration process take?
The end-to-end timeline for an unopposed trademark registration in Nepal is typically 12 to 14 months. In favourable cases where the DoI examination is smooth and no opposition is filed, it can take as little as 6 to 8 months. However, if a third party files an opposition during the 90-day publication window, the timeline extends significantly — the DoI's Law Division conducts a hearing process, which can add several months or more. Planning for the 12-to-14-month range is the safest approach for a business budgeting its launch timeline.
| Stage | Typical Duration | What Happens |
|---|---|---|
| Application filing | Day 0 | Form, specimens, and documents lodged with the DoI |
| Examination | 3–6 months | DoI checks distinctiveness and conflicting prior marks |
| Publication | 1–2 months after acceptance | Mark published in the Industrial Property Bulletin |
| Opposition window | 90 days | Third parties may file an objection under Sec. 21A |
| Certificate issuance | 1–2 months after window closes | Registration fee paid; certificate issued |
| Total (unopposed) | 12–14 months | Smooth, no-objection timeline |
What legal provisions govern trademark registration in Nepal?
The Patent, Design and Trade Mark Act 1965 (PDTA) is the governing statute. Sec. 16 establishes that trademark rights are acquired only by registration with the DoI. Sec. 18 sets out the grounds on which the DoI may refuse a mark — including if it damages the goodwill of another's trademark or is already registered in someone else's name. Sec. 21A governs publication and the opposition window. Registration lasts seven years under Sec. 18D and is renewable indefinitely in seven-year blocks under Sec. 23B. Nepal is also a signatory to the Paris Convention and the TRIPS Agreement, which provide a framework for priority claims and well-known-mark protection, though in practice the domestic first-to-file rule dominates.
A realistic Nepal example: the "Bhaktapur Burger" scenario
Imagine a family-run fast-food shop in Bhaktapur called "Bhaktapur Burger" that has been serving locals since 2018. The owner never registered the name as a trademark — he assumed his business registration at the Office of the Company Registrar was enough. In 2025, an entrepreneur planning a national burger chain files "Bhaktapur Burger" with the DoI under Class 43. Because Nepal is first-to-file, the DoI examines the application against registered marks — and since the original shop never registered, there is no conflict. The chain gets the certificate. The original family business now cannot stop the chain from using the name, and in theory could even be forced to rebrand. Filing early and checking the trademark database before launching a brand are the two steps that prevent this outcome entirely.
In short
- Burger King lost the right to use its own name in Australia because a local shop filed first — and the same rule applies in Nepal under the PDTA.
- Company registration at the OCR does not protect your brand; only a DoI trademark registration does.
- Registering early, searching the database before you launch a name, and filing in all relevant NICE classes is the cheapest insurance you can buy for your brand.
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Whether you are opening your first restaurant or planning a national chain, the Burger King story has one clear takeaway: register before you build. Start with a free search on the trademark database, identify your classes with the NICE class finder, and when you are ready to file, our team can handle the DoI application from start to certificate. Get in touch — we will help you lock in your name before someone else does.
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