Can I Register My Name as a Trademark in Nepal?

Yes, you can register your personal name as a trademark in Nepal—but only if it meets the Department of Industry’s (DoI) distinctiveness and legal requirements under the Patent, Design and Trademark Act 1965. The process takes 12–14 months, involves a 90-day opposition window, and grants 7-year renewable protection.

Key Takeaways

• Nepal allows personal names as trademarks if they’re distinctive and not already registered (Sec. 18, PDTA 1965).
• You must file a separate application per NICE class—common classes for personal names include Class 35 (advertising), Class 41 (education/entertainment), and Class 45 (legal/personal services).
• The DoI examines applications for conflicts, publishes them in the Industrial Property Bulletin, and opens a 90-day opposition period.
• Registration lasts 7 years and is renewable indefinitely—miss the 35-day renewal window, and you’ll pay a late fee within 6 months or lose the mark.
• Foreign applicants must file through a Nepal-based agent with a notarised Power of Attorney.

What counts as a "personal name" for trademark registration in Nepal?

The Department of Industry (DoI) defines a trademark as any word, symbol, or combination that distinguishes goods or services (Sec. 2(c), Patent, Design and Trademark Act 1965). Your personal name—like "Sita Sharma" or "Rajiv Thapa"—qualifies if it’s used in commerce and isn’t already registered by someone else in your chosen NICE class.

However, the DoI rejects names that are:

• Too generic (e.g., "Nepal" or "Kathmandu" alone).
• Identical or confusingly similar to an existing registered mark in the same class.
• Likely to mislead consumers about the nature of the goods or services.
• Against public morality or national interest (Sec. 18(1) proviso, PDTA).

For example, if you’re a consultant, "Anita Gurung Consulting" is more likely to be approved than just "Anita Gurung" in Class 35, because it clearly ties the name to a service.

Why register your personal name as a trademark?

Registering your name as a trademark in Nepal gives you exclusive rights to use it in commerce for the goods or services you specify. Without registration, you rely on common-law passing-off claims, which are harder to prove and enforce (Sec. 16(2), PDTA).

Key benefits include:

• Legal protection: You can stop others from using your name—or a confusingly similar one—for the same or related goods/services in Nepal.
• Brand value: A registered trademark (®) builds trust with customers and partners, especially if you license your name for products or services.
• Business asset: A trademark is an intangible asset that can be sold, licensed, or used as collateral.
• Nationwide coverage: Registration protects your name across Nepal, not just in your local market.

A common mistake we see is assuming your company registration with the Office of the Company Registrar (OCR) protects your name as a trademark. It doesn’t—company registration only reserves the name for corporate use, not for branding goods or services.

Who can register a personal name as a trademark in Nepal?

Any individual, business, or organisation can file a trademark application for a personal name in Nepal, as long as they intend to use it in commerce. The Patent, Design and Trademark Act 1965 doesn’t restrict applicants by nationality, but foreign applicants must file through a Nepal-based agent or representative (Sec. 21B).

Common scenarios include:

• Professionals: Lawyers, doctors, consultants, or artists who use their name as their brand (e.g., "Dr. Sunita Rai Dental Clinic" in Class 44).
• Entrepreneurs: Business owners who want to protect their name for products or services (e.g., "Ramesh Tamang Handicrafts" in Class 20).
• Influencers/creators: Social media personalities or public figures who monetise their name (e.g., "Sabin Shrestha Fitness" in Class 41).
• Heirs/estates: Family members who want to preserve a deceased relative’s brand (e.g., "Late Krishna Prasad Koirala Memorial Trust" in Class 36).

If you’re registering a name that isn’t your legal name (e.g., a stage name or pseudonym), you’ll need to show evidence of its use in commerce, like invoices, social media handles, or press mentions.

Which NICE classes apply to personal-name trademarks?

Nepal uses the international NICE Classification system, which divides goods and services into 45 classes. You must file a separate application—and pay separate fees—for each class where you want to protect your name. A personal name often spans multiple classes, depending on how you use it.

For example, if you’re a motivational speaker, you might register your name in:

• Class 35: For business consulting or coaching services.
• Class 41: For workshops, seminars, or online courses.
• Class 16: If you sell books or printed materials under your name.

A common mistake is assuming one application covers all uses of your name. It doesn’t—each class requires a separate application and fee. Use the NICE Class Finder to identify the right classes for your needs.

How to register your personal name as a trademark in Nepal

Registering your personal name as a trademark in Nepal follows the same five-step process as any other mark, governed by the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. Here’s how it works:

1. Conduct a trademark search: Before filing, check if your name—or a similar one—is already registered in your chosen NICE class. The DoI’s online database (doind.gov.np) is a good starting point, but it’s limited to word marks. For a thorough search, use the Trademark Conflict Checker, which scans for phonetic similarities and figurative elements.
2. Prepare your application: Gather the required documents:
   • Completed application form (Schedule 1(c), PDTA).
   • Four specimens of the mark (e.g., a typed name, logo, or stylised version).
   • Notarised Power of Attorney (if filing through an agent).
   • Board resolution (if the applicant is a company).
   • Proof of use in commerce (e.g., invoices, social media handles, or press mentions—especially if the name isn’t your legal name).
   • Tax clearance certificate (for Nepali applicants).
   If you’re claiming priority from a foreign registration, include a notarised copy of the home registration certificate in English.
3. File the application: Submit your application to the DoI’s Foreign Investment & Technology Transfer Section in Tripureshwor, Kathmandu. You can file in person or through a registered agent. The DoI will issue an acknowledgment receipt with your application number—keep this for tracking.
4. Examination and response: The DoI examines your application for distinctiveness, conflicts, and compliance with Sec. 18 of the PDTA. If they raise objections (e.g., similarity to an existing mark), you’ll have a chance to respond. This stage typically takes 3–6 months.
5. Publication and opposition: If the DoI approves your application, it’s published in the Industrial Property Bulletin. Anyone can oppose your registration within 90 days by filing a notice with the DoI’s Law Division. If opposed, the DoI holds a hearing and issues a ruling.
6. Registration and certificate: If unopposed (or if you successfully defend an opposition), pay the registration fee and receive your certificate. Your trademark is now protected for 7 years from the registration date.

A common mistake at this stage is assuming the DoI will automatically approve a personal name. They won’t—if your name is too generic (e.g., "Ram Bahadur") or too similar to an existing mark, they’ll reject it. Use the AI Brand Name Generator to brainstorm distinctive variations if needed.

What documents do you need to register a personal name as a trademark?

The Department of Industry requires specific documents to process your trademark application, whether you’re a Nepali or foreign applicant. Missing or incorrect documents are the most common reason for delays or rejections.

For personal names, the DoI may also ask for:

• A copy of your citizenship certificate (if the name matches your legal identity).
• An affidavit stating you have the right to use the name (if it’s a stage name or pseudonym).

All documents must be in Nepali or English. If you’re submitting foreign documents, include a notarised translation. A common mistake is assuming a simple photocopy isenough—always use certified or notarised copies.

How long does it take to register a personal name as a trademark in Nepal?

The trademark registration process for a personal name in Nepal typically takes 12–14 months from filing to certificate, assuming no major objections or oppositions. The Department of Industry (DoI) follows a first-to-file system, so delays often stem from examiner queries or third-party challenges.

Here’s a realistic breakdown of the timeline:

• Filing to examination: 3–6 months. The DoI reviews your application for compliance with Sec. 18 of the Patent, Design and Trademark Act 1965 and checks for conflicts with existing marks.
• Examination to publication: 2–4 months. If the DoI raises objections (e.g., similarity to another mark), you’ll need time to respond. Once approved, your mark is published in the Industrial Property Bulletin.
• Opposition window: 90 days. Anyone can oppose your registration during this period. If opposed, the DoI’s Law Division holds a hearing, which can add 3–6 months to the process.
• Registration and certificate: 1–2 months. If unopposed (or if you successfully defend an opposition), you pay the registration fee and receive your certificate.

In the smoothest cases—no objections, no oppositions—the process can take as little as 6–8 months. However, this is rare. A more common scenario is 12–14 months, especially if the DoI requests additional documents or if your name is similar to an existing mark. For example, if you’re registering "Sanjay Lama" in Class 41 (education services), and another "Sanjay Lama Academy" is already registered in the same class, the DoI may reject your application or require you to prove distinctiveness.

A common mistake is assuming the DoI will expedite personal-name applications. They won’t—all applications follow the same timeline. To avoid delays, double-check your application for errors, conduct a thorough trademark search before filing, and respond promptly to any DoI queries. Use the Application Number Lookup to track your application’s status in real time.

What are the legal requirements for registering a personal name as a trademark?

The Patent, Design and Trademark Act 1965 (PDTA) sets strict legal requirements for registering any trademark in Nepal, including personal names. The Department of Industry (DoI) evaluates applications based on these criteria, and failing to meet them is the most common reason for rejection.

Your personal name must satisfy these legal tests:

1. Distinctiveness (Sec. 18, PDTA): Your name must distinguish your goods or services from others. Generic names (e.g., "Ram" or "Sita") are unlikely to qualify unless they’re combined with other distinctive elements (e.g., "Ram’s Organic Tea"). The DoI may reject a name if it’s merely descriptive of the goods or services (e.g., "Nepal Yoga Guru" for yoga classes).
2. No conflict with existing marks (Sec. 18(1) proviso): Your name cannot be identical or confusingly similar to a mark already registered in the same NICE class. For example, if "Anjali Shrestha" is registered for clothing (Class 25), you can’t register "Anjali Shrestha Designs" for the same class. The DoI’s examination includes phonetic, visual, and conceptual similarities.
3. Not against public morality or national interest (Sec. 18(1) proviso): The DoI will reject names that are offensive, misleading, or contrary to public policy. For example, a name that includes obscene language or promotes illegal activities would be refused.
4. Use in commerce: While Nepal doesn’t require proof of use at the time of filing, the PDTA mandates that a registered mark must be put into use within 1 year of registration (Sec. 18C). If you don’t use your name for the goods or services specified in your application, the DoI can cancel your registration.
5. No misleading claims: Your name cannot suggest a false connection to another person, business, or institution. For example, "Royal Nepal Law Associates" might be rejected if it implies a connection to the monarchy or government.

For personal names, the DoI also considers whether the name is your legal name or a pseudonym. If it’s a pseudonym (e.g., a stage name), you’ll need to provide evidence of its use in commerce, such as invoices, social media handles, or press mentions. A common mistake is assuming a name is automatically registrable just because it’s your legal name—it still must meet the distinctiveness and conflict tests.

What are the risks of not registering your personal name as a trademark?

If you don’t register your personal name as a trademark in Nepal, you leave it vulnerable to misuse, dilution, and legal challenges. The Patent, Design and Trademark Act 1965 only protects registered marks—unregistered names rely on common-law passing-off claims, which are harder to prove and enforce.

Key risks include:

• Someone else registers your name first: Nepal follows a first-to-file system. If another person or business registers your name in a NICE class before you do, they gain exclusive rights to use it for those goods or services. You could be forced to rebrand or pay to license your own name. For example, if you’re a musician named "Bibek Waiba" and someone else registers "Bibek Waiba Records" in Class 9 (music recordings), you may not be able to release your own music under that name.
• Difficulty enforcing your rights: Without a trademark registration, you can’t use the ® symbol or take legal action against infringers under the PDTA. You’d have to rely on passing-off claims, which require you to prove that the public associates your name with your goods or services—a costly and time-consuming process.
• Loss of brand value: A registered trademark (®) signals legitimacy and builds trust with customers, partners, and investors. Without it, your name is just a common-law brand, which may limit your ability to license, franchise, or sell it as an asset.
• Domain and social media squatting: If your name isn’t trademarked, others can register domain names (e.g., bibekwaiba.com) or social media handles (@BibekWaiba) and demand payment to transfer them. A trademark registration strengthens your case in domain disputes under the WIPO Uniform Domain-Name Dispute-Resolution Policy.
• Limited geographic protection: Common-law rights are typically limited to the areas where you’ve used your name. A trademark registration protects your name nationwide, even if you haven’t expanded to every region of Nepal.

A common misconception is that registering your name as a company with the Office of the Company Registrar (OCR) protects it as a trademark. It doesn’t—company registration only reserves the name for corporate use, not for branding goods or services. For example, if you register "Suman Tamang Pvt. Ltd." with the OCR, someone else can still register "Suman Tamang" as a trademark for clothing (Class 25) or consulting (Class 35).

Can you register a deceased person’s name as a trademark in Nepal?

Yes, you can register a deceased person’s name as a trademark in Nepal, but you’ll need to prove you have the legal right to use it. The Department of Industry (DoI) treats deceased individuals’ names like any other trademark, subject to the same distinctiveness and conflict tests under Sec. 18 of the Patent, Design and Trademark Act 1965.

Common scenarios where this arises include:

• Estates and heirs: Family members may register a deceased relative’s name to preserve their legacy, especially if the name was used in commerce (e.g., "Late Krishna Prasad Koirala Memorial Trust" for charitable services in Class 36).
• Historical figures: Businesses or organisations may register the name of a historical figure for educational or cultural purposes (e.g., "Bhanubhakta Acharya Literary Foundation" in Class 41).
• Posthumous works: Publishers or producers may register the name of a deceased author, artist, or musician to release their unpublished works (e.g., "Laxmi Prasad Devkota Estate" for books in Class 16).

To register a deceased person’s name, you’ll need to provide:

• A notarised affidavit from the legal heir(s) or estate executor authorising you to use and register the name.
• Proof of the deceased’s prior use of the name in commerce (e.g., old invoices, contracts, or press mentions), if applicable.
• Evidence that the name is not already registered by someone else in your chosen NICE class.

The DoI may also consider whether the registration could mislead consumers about the deceased’s endorsement or affiliation. For example, registering "Mahendra Bir Bikram Shah Dev" for a brand of alcohol might be rejected if it implies royal approval. A common mistake is assuming a deceased person’s name is automatically available—it must still pass the distinctiveness and conflict tests, just like any other trademark.

A realistic Nepal example: Registering "Sarita Magar" as a trademark

Let’s say Sarita Magar is a well-known Nepali chef who wants to register her name as a trademark for her cooking classes, recipe books, and branded kitchenware. Here’s how she’d navigate the process:

1. Trademark search: Sarita uses the Trademark Conflict Checker to search for "Sarita Magar" and similar names in relevant NICE classes. She finds no conflicts in:
   • Class 16 (printed recipe books).
   • Class 21 (kitchenware like spatulas and mixing bowls).
   • Class 41 (cooking classes and workshops).
   However, she discovers that "Magar’s Kitchen" is already registered in Class 35 (advertising services), so she avoids that class.
2. Prepare documents: Sarita gathers:
   • A completed Schedule 1(c) application form.
   • Four specimens of her name (typed, stylised logo, and two variations for her books and kitchenware).
   • Proof of use in commerce (invoices for her cooking classes and social media handles like @SaritaMagarChef).
   • Her citizenship certificate (to confirm her legal name).
   • A tax clearance certificate.
3. File the application: Sarita files three separate applications—one for each NICE class—with the DoI. She receives an acknowledgment receipt with her application numbers.
4. Examination and response: The DoI examines her applications and raises an objection for Class 21, noting that "Sarita Magar" is too similar to "Magar’s Kitchen" in Class 35. Sarita responds with evidence that her name is distinct and used for different goods (kitchenware vs. advertising). The DoI accepts her argument and approves the application.
5. Publication and opposition: Her mark is published in the Industrial Property Bulletin. A local cooking school opposes her Class 41 application, arguing that "Sarita Magar" is too similar to their registered mark, "Sarita’s Cooking Academy." The DoI’s Law Division holds a hearing, and Sarita presents evidence of her prior use and distinctiveness. The DoI rules in her favour, and the opposition is dismissed.
6. Registration and certificate: Sarita pays the registration fee for all three classes and receives her certificates. Her name is now protected for 7 years, renewable indefinitely.

Sarita’s case highlights common challenges: objections from the DoI, oppositions from third parties, and the need to prove distinctiveness. By conducting a thorough search and preparing strong evidence, she successfully registered her name as a trademark.

What are the alternatives if your personal name can’t be registered?

If the Department of Industry (DoI) rejects your personal-name trademark application—because it’s too generic, conflicts with an existing mark, or fails the distinctiveness test—you still have options to protect your brand in Nepal.

Here are practical alternatives:

• Add distinctive elements: Combine your name with a unique word, logo, or tagline to create a registrable mark. For example, if "Rajesh Thapa" is rejected for consulting services (Class 35), try "Rajesh Thapa Advisory" or "RT Solutions by Rajesh Thapa." Use the AI Brand Name Generator to brainstorm variations.
• Register a logo or stylised version: If your name in plain text is rejected, a distinctive logo or stylised font may qualify. For example, a unique script for "Anita Rai" with a graphic element (like a lotus or mountain) could be registrable in Class 25 (clothing). The DoI examines logos for distinctiveness, not just the text.
• File in a different NICE class: If your name is registered in one class (e.g., Class 41 for education), you may still register it in another (e.g., Class 16 for books). Use the NICE Class Finder to explore other classes where your name might be available.
• Use common-law passing-off: While weaker than a trademark registration, you can still protect your name under Nepal’s passing-off doctrine if you can prove it’s associated with your goods or services in the public’s mind. This requires evidence like customer testimonials, sales records, or media coverage.
• Register a domain name: Even if you can’t trademark your name, registering a domain (e.g., saritamagar.com) can help establish your online presence. Combine this with social media handles (@SaritaMagar) to build brand recognition.
• License or assign an existing mark: If someone else owns the trademark for your name in your desired class, you may be able to license or purchase it from them. This is common in industries like fashion or entertainment, where names are valuable assets.

A common mistake is giving up after a rejection. The DoI’s objections are often fixable—consult a trademark agent to explore alternatives. For example, if your name is rejected for being too generic, adding a unique tagline or logo can make it registrable. The key is to act quickly, as delays can allow others to register similar marks.

In short

• You can register your personal name as a trademark in Nepal if it’s distinctive and not already registered in your chosen NICE class.
• The Department of Industry (DoI) examines applications under the Patent, Design and Trademark Act 1965, with a 90-day opposition window after publication in the Industrial Property Bulletin.
• Common NICE classes for personal names include Class 35 (advertising), Class 41 (education/entertainment), and Class 45 (legal/personal services).
• The process takes 12–14 months typically, or 6–8 months in the smoothest cases.
• Registration lasts 7 years and is renewable indefinitely—miss the 35-day renewal window, and you’ll pay a late fee within 6 months or lose the mark.
• Foreign applicants must file through a Nepal-based agent with a notarised Power of Attorney.
• If your name is rejected, alternatives include adding distinctive elements, registering a logo, or filing in a different class.

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Ready to register your personal name as a trademark? Start with a trademark search to check availability, or contact us for a consultation. Use the Trademark Fee Calculator to estimate costs for your chosen NICE classes.