Can I Register My Name as a Trademark in Nepal?

Yes, you can register your personal name as a trademark in Nepal if it can distinguish your goods or services and does not conflict with an earlier mark. The Department of Industry (DoI) handles registration under the Patent, Design and Trademark Act 1965, usually taking 12–14 months when unopposed.

Key Takeaways

A personal name can become a registered mark in Nepal when the DoI accepts it under the Patent, Design and Trademark Act 1965. Protection is class-specific, follows Nepal’s first-to-file system, lasts seven years from registration, and depends heavily on clearance before filing.

• Your legal name, stage name, or professional name may work as a trademark if it distinguishes your business.
• Nepal is first-to-file, so an earlier valid application can defeat a later applicant using the same name.
• A company name registered with the Office of the Company Registrar does not automatically protect a brand.
• Nepal uses the NICE Classification’s 45 classes, and each class requires its own application.
• The DoI examines the mark, publishes accepted applications in the Industrial Property Bulletin, and allows 90 days for opposition.
• A trademark registration lasts seven years and can be renewed repeatedly in further seven-year terms.

Can your personal name be a trademark in Nepal?

Your name can function as a trademark when it identifies your goods or services rather than merely naming you. Under Sec. 2(c) of the Patent, Design and Trademark Act 1965, the DoI may register a word, symbol, picture, or combination used to distinguish one provider’s goods or services from another’s.

That means “Maya Karki” may be suitable for skincare, training, music, or consultancy services if customers recognise it as the brand source. A plain name is not automatically protected simply because it appears on citizenship papers, social media profiles, or an OCR company record.

The stronger application usually shows a clear commercial identity: a consistent wordmark, a stylised signature logo, or a name paired with a distinctive element. Your personal name need not be famous, but it must not damage the goodwill of another mark or fall within the statutory refusal grounds.

Why register your name as a trademark in Nepal?

Registration gives you statutory ownership of the mark for listed goods or services under Sec. 16 and Sec. 18 of the Act. The DoI’s registration certificate is far stronger evidence than informal use alone, especially if another person later adopts a confusingly similar name for a competing business.

A registered trade mark can help you control how the name is used on packaging, advertising, shop signs, courses, and online promotions. It may also be licensed or transferred with the business, subject to proper documentation. You should use ® only after registration; an application is not yet a registered mark.

Business-name protection and trademark protection are different. The Office of the Company Registrar (OCR) records company names for corporate purposes, while the DoI registers marks for goods and services. A company called “Rina Rai Enterprises” may still face a problem if “Rina Rai” is already registered as a brand in its chosen class.

Who can file a personal-name trademark application?

An individual, company, partnership, or other business using a name for goods or services can apply to the DoI under Sec. 17 of the Act. Foreign applicants must use a Nepal-based agent or representative because Nepal is outside the Madrid System, so direct national filing is required.

Applicants commonly include doctors branding a clinic, trainers selling courses, designers selling clothing, chefs publishing recipes, musicians licensing merchandise, and consultants using a professional identity. A stage name or pen name can also be filed if it is the name you use as the commercial mark.

Where a company owns the name-brand, the company should normally be named as applicant rather than an individual founder. This matters later if founders leave, investors join, or the business is sold. Decide ownership before filing, because correcting ownership after filing can create avoidable work.

Which NICE classes protect a personal-name trademark?

Nepal applies the NICE Classification, which has 45 classes: Classes 1–34 cover goods and Classes 35–45 cover services. Sec. 18A requires one application for each class, so personal-name trademark protection in Nepal depends on the actual goods or services you intend to brand.

For example, “Sanjay Lama Fitness” might need Class 41 for coaching and training, Class 25 for branded sportswear, and possibly Class 35 for retail or promotional services. A single filing in Class 41 would not automatically protect clothing sold under that name.

Use the NICE class finder to start matching your activities to classes. The wording of goods and services also matters. Avoid broad guesses; list the products and services you genuinely plan to provide.

How do you register your name as a trademark in Nepal?

You register a name by filing a separate application for each chosen NICE class at the DoI, then completing examination, publication, opposition, and registration. Under Sec. 17–18A, the Department reviews the mark before issuing a certificate, while the Industrial Property Bulletin gives others a chance to object.

1. Search before committing. Search exact names, spacing changes, phonetic variants, and similar logos in the relevant classes. Start with the public Nepal trademark database search, then consider a professional clearance review where the name is central to your business.
2. Choose the owner and classes. Confirm whether you or your company owns the mark. Identify every class that matches your present commercial use and near-term plans.
3. Prepare the mark and documents. Decide whether you are filing a wordmark, a logo, or both. A wordmark protects the wording itself; a logo filing protects the visual design shown.
4. File at the DoI. Submit the prescribed application with mark specimens and supporting papers. The filing date matters because Nepal follows first-to-file principles.
5. Address examination issues. The DoI assesses similarity, distinctiveness, and legal compliance. If an objection arises, respond carefully rather than assuming a minor spelling difference resolves the conflict.
6. Pass publication and opposition. Accepted applications are published in the Industrial Property Bulletin. Any person may oppose within the 90-day window, and the DoI considers the dispute.
7. Obtain and maintain registration. If the application proceeds, complete registration and retain the certificate. Use the mark consistently and renew it on time.

What documents are needed for a personal-name trademark?

Applicants generally submit the prescribed application, trademark label or specimens, and ownership documents required by the DoI under Sec. 17. A Nepal-based agent uses a notarised Power of Attorney, while company applicants also need a board resolution; foreign applicants need further certified papers for their home registration where applicable.

• Application form and clear label of the wordmark or logo.
• Four specimens of the trademark.
• Notarised Power of Attorney where an agent files for you.
• Board resolution where the applicant is a company.
• Industry certificate and latest tax-clearance letter for a domestic business where required.
• Priority filing documents in English if claiming Paris Convention priority.
• Certified home registration certificate in English for a foreign trademark application where required.

Document requirements can differ with applicant type and the facts of the filing. This article is general information, not legal advice. Our team can review your ownership structure and filing papers through a trademark filing consultation.

How long does registration take and what affects the cost?

An unopposed personal-name trademark normally takes about 12–14 months from filing to certificate at the DoI, although the smoothest straightforward matters may finish in 6–8 months. Total cost changes with the number of NICE classes, applicant type, document preparation, search work, and any examination or opposition response.

Government charges and professional fees are separate, and every additional class adds to the filing scope. Use the trademark fee calculator for a current starting estimate, or ask our team for a figure based on your classes and documents.

What legal rules and mistakes should you understand first?

The Act gives trademark title on registration under Sec. 16(1), restricts unauthorised use of registered marks under Sec. 16(2), and allows refusal under Sec. 18 where a mark harms another’s goodwill, public morality, national interest, or an existing registration. The DoI is therefore not required to accept every personal name application.

A common mistake is searching only the exact spelling. “Aashish Shrestha,” “Ashish Shrestha,” and a similar-looking logo may still create risk, particularly for related services. Search the words, sound, script, and visual presentation before printing packaging or opening a new outlet.

Another mistake is filing only a logo when the commercial value is in the name. If the logo changes later, a wordmark may give more flexible protection. Conversely, a stylised signature may deserve separate protection where customers recognise that graphic identity.

Also keep the mark in genuine use after registration. Sec. 18C allows the DoI to cancel a registered mark that is not used within one year of registration. Keep dated examples of use, such as invoices, menus, labels, advertisements, and service materials.

What does a personal-name trademark look like in practice?

Imagine Kathmandu pastry chef “Nisha Basnet” launching cakes, baking workshops, and an apron line under “Nisha Basnet Bakehouse.” The DoI would assess the exact mark and selected classes, not simply whether Nisha has used her own name. Her brand may require different applications for goods and services under the NICE Classification.

She should first check whether earlier “Nisha” or “Basnet” marks create a confusing overall impression in relevant classes. If the name appears available, she could file the wordmark and, if commercially important, her separate illustrated logo. Filing first is sensible because a later applicant cannot rely only on earlier informal use.

If another applicant opposes after Bulletin publication, the issue becomes a DoI opposition matter rather than a routine registration. Our team can help assess and handle a disputed application through trademark opposition and enforcement support.

Are there alternatives if your personal name is too weak or unavailable?

You can improve a weak or crowded personal-name application by adopting a distinctive additional word, filing a separate logo, or choosing a new brand identity before investing in promotion. The DoI examines marks against Sec. 18, while a clearance search helps you judge whether a different name is safer before filing.

For instance, “Hari’s Consultancy” may be harder to distinguish than an invented brand paired with Hari’s name. Do not add a descriptive word merely to copy another trader’s identity. The question is the overall consumer impression in the relevant goods or services.

Foreign registrations do not automatically protect a name in Nepal because Nepal is not part of the Madrid System. A foreign owner must make a direct Nepal application through a local representative, although Paris Convention priority may be relevant in appropriate cases. You can read the official Nepal law resources and the WIPO explanation of the NICE Classification for wider context.

In short: register your personal name as a trademark only after checking conflicts, choosing the correct NICE classes, and deciding who should own it. A DoI certificate can protect a real business brand, but it does not give a monopoly over every use of your name.

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These related Nepal trademark questions cover availability checks, company-name limits, logo protection, online filing, and the difference between an application and a registered mark under the DoI process.

• How do I check trademark name availability in Nepal?
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• Can I register a trademark online in Nepal?
• What is the difference between a registered and unregistered trademark?
• Can a foreign company register a trademark in Nepal?

Before filing, search existing Nepal trademarks and compare similar names in your proposed classes. For help with clearance, class selection, documents, and DoI filing, explore our trademark registration service or contact our team.