Can I Register My Name as a Trademark in Nepal?

Yes. You can register your personal name as a trademark in Nepal if you use it, or will use it, to sell goods or services and no similar earlier mark exists in your class. The Department of Industry (DoI) examines it like any other word mark. Registration protects the name as a brand, not every use of the name.

Key takeaways

• A name is a word, and a word can be a trademark under the Patent, Design and Trademark Act 1965 if it distinguishes your goods or services.
• Nepal is first-to-file. Someone else can register a name like yours first, even if you have used it longer.
• Protection is limited to the NICE class you file in, and each class needs its own application.
• Decide early whether you or your company should own the mark. It matters when you sell or bring in partners.
• Another person's name, especially a well-known one, is risky to file without their consent.
• Registration stops confusing brand use in your class. It does not stop other people from having your name.

Can a personal name be a trademark in Nepal?

Yes. Sec. 2(c) of the Act defines a trademark as a word, symbol or picture, or a combination, used to distinguish one business's goods or services from another's. A personal name is a word, so it qualifies when customers see it as the source of what you sell.

Plenty of businesses trade under a founder's name: a tailor, a clinic, a bakery, a consultancy. The name on your citizenship certificate is not protected as a brand just because it is yours. It becomes a registered trademark only when the DoI registers it for particular goods or services.

Under Sec. 16(1), title to a trademark comes with registration, and Sec. 16(2) bars others from copying or using a registered mark without permission. Until then, you may use your name in business, but you cannot claim it as a registered mark or use the ® symbol.

Is my name a good candidate for registration?

Two questions settle most cases. Will you trade under the name? And has anyone already filed a similar name for similar goods?

You do not need to be trading already. You can file before launch, and filing early is sensible because the filing date decides who is first. Start with a free search of published marks for your name, close spellings and the Nepali-script version.

What kinds of names can you register?

The same rules apply to every kind of name, but each carries its own risks.

• Full name, such as "Maya Karki". The usual choice for a professional or a founder-led brand.
• Surname alone. Many unrelated families share it, so a surname plus a distinctive word, or your full name, is easier to defend.
• Stage or pen name. A musician's or writer's working name is a word like any other, so it can be filed the same way.
• Signature logo. A stylised signature protects the design. If the value is in the words, file a word mark as well, because a logo filing may not cover the words in plain type.

Can you register someone else's name?

Be careful. Sec. 18 lets the DoI refuse a mark that harms the reputation of a person or institution, or that damages the goodwill of another trademark. Filing a well-known person's name, or a famous brand that happens to be a surname, invites refusal or an opposition.

Nepali decisions have protected well-known marks against local copies even across different classes, where the later filing was made in bad faith. If the name belongs to someone else, get written consent first and ask a lawyer about the risk.

Should you or your company own the mark?

Decide before you file. If a company runs the business, it is usually cleaner for the company to be the applicant. If you trade on your own, you may file in your own name, but the DoI's domestic checklist asks for a business or industry registration certificate with PAN or VAT papers, so confirm what applies to you before filing.

Ownership matters later. Under Sec. 21D, a registered mark can be assigned or licensed in writing. If you sell a business that owns your name as a trademark, the buyer may own the brand, even though you keep your name. Plan for that in any sale, investment or partnership.

Which NICE classes should a name trademark cover?

Nepal uses the NICE classification of 45 classes, 1 to 34 for goods and 35 to 45 for services. Sec. 18A requires a separate application for each class, so list everything you sell or plan to sell soon.

A fitness coach who also sells branded sportswear may need Class 41 and Class 25. The NICE class finder helps you map your activities before filing.

How do you register your name as a trademark?

The route is the same as for any trademark in Nepal.

1. Search. Check your name, close spellings and sound-alikes in every class you need. The trademark conflict checker helps with near matches.
2. Choose the owner and classes. You or your company, and one application per class.
3. Prepare the papers. The DoI checklist asks for the application form, four specimens of the mark no larger than 8 × 8 cm, business registration and PAN or VAT papers, and a power of attorney if an agent files. Sec. 17 of the Act sets the application rules.
4. File at the DoI. Your filing date now counts for first-to-file.
5. Examination and publication. If the mark qualifies, the DoI publishes it in the Industrial Property Bulletin, and anyone may oppose within 90 days.
6. Registration. If no opposition succeeds, you pay the registration fee and receive the registration certificate.

Unopposed, the route typically takes about 12–14 months, and 6–8 months only in the smoothest cases. Our trademark registration service handles the filing and the dates. Costs depend on the number of classes and any objections, so ask us for an estimate rather than relying on a figure found online.

What does registering your name not do?

It protects your name as a brand for the goods or services in your classes. It does not give you control of the name in every setting. People who share your name still have it, and whether a particular use by them crosses the line is a question for a lawyer, not a rule of thumb.

It also does not reach beyond Nepal. Nepal is not in the Madrid System, and a registration abroad has no effect here until it is registered at the DoI, so a name brand trading in several countries needs a filing in each.

What if someone has already registered your name?

First check what they registered: the class, the goods, and whether the mark is still in force. A registration for unrelated goods may leave room for yours. If their mark is still in the bulletin, the 90-day opposition window may still be open, and our opposition team can assess an objection.

A registered mark that has not been used within its first year can be cancelled under Sec. 18C. Nepal's Supreme Court has also held, in the Kansai Nerolac case, that there is no time limit on challenging a mark registered in bad faith. Whether either applies to your facts is a question for a lawyer. If neither does, adding a distinctive word is often the practical fix, and the AI brand-name generator can suggest options to test.

How do you keep the registration?

A registration lasts seven years from the registration date and is renewable for further seven-year terms. Renewal is due within 35 days of expiry, with a six-month late window on payment of a fine, after which the registration is cancelled.

Use it, too. Under Sec. 18C, the DoI may cancel a mark that is not used within one year of registration. Keep dated labels, invoices and adverts showing the name in use. The renewal calculator works out your dates, and our renewal service can file for you.

What are the common mistakes with name trademarks?

• Assuming your own name is automatically yours to register. An earlier similar filing can block you.
• Waiting until the name is famous. Fame attracts copycat filings, and first-to-file favours whoever files first.
• Filing only a signature logo. If the logo changes, a word mark protects the name itself.
• Filing in the wrong owner's name. Fixing ownership after filing is extra work.
• Covering one class only. Branded products and services often sit in different classes.
• Relying on company registration. "Rina Rai Enterprises" at the Office of the Company Registrar is not a trademark.

What does this look like for a real business?

Here is an illustration, not a real case. A Kathmandu pastry chef, Nisha Basnet, sells cakes, runs baking workshops and plans aprons, all as "Nisha Basnet Bakehouse". A search finds no similar name in Classes 30, 41 or 25.

She sets up a company for the business, and the company files word marks in all three classes on the same day. She files her signature logo separately in Class 30, where it appears on every box. When an investor joins, the brand is already owned by the company, so nothing has to be moved.

In short

You can register your name as a trademark in Nepal when you trade under it and no similar earlier mark exists in your class. Search first, pick the right owner and classes, file early, and keep using and renewing it. For a written view on whether your name is clear, start with a trademark search and clearance review.

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The DoI lists its filing checklists on its Industrial Property Section page. If you are thinking of building a brand on your name, tell us the name and what you sell and we will check it first.