Yes, you can trademark your app name in Nepal. The Department of Industry (DoI) registers app names as word marks under the Patent, Design and Trade Mark Act 1965. Your app name is protectable as a trademark the moment it distinguishes your software or digital service from someone else's — and in Nepal's first-to-file system, the first valid application wins.
Key Takeaways
- An app name is registrable as a word mark with the Department of Industry under the Patent, Design and Trade Mark Act 1965.
- Nepal is first-to-file — the first person to file a valid application owns the right, not the first to launch the app.
- Most app names fall under NICE Class 9 (downloadable software) or Class 42 (SaaS, cloud services), or both.
- One application covers one class only; an app spanning software and back-end services often needs two applications.
- An unopposed registration typically takes 12–14 months, with about 6–8 months possible in the smoothest cases.
- A registered app-name trademark is valid for 7 years and is renewable indefinitely for further 7-year terms.
- Without registration, you rely on weaker common-law passing-off claims — much harder to enforce against copycats.
What counts as an app-name trademark in Nepal?
An app-name trademark is a word mark that identifies your mobile application, web app, or software product and sets it apart from competing apps. The Patent, Design and Trade Mark Act 1965 defines a trademark as any word, symbol, or picture — or a combination — used to distinguish one business's goods or services from another's. For an app, that usually means the name itself: the word or short phrase users see in the app store, on the splash screen, and in marketing. A word mark protects the text of the name, not a specific font or colour — so it covers the name however it's styled. You can also register a logo version as a separate figurative mark if your app icon is distinctive enough, but the name is where most founders start.
Why register your app name instead of just launching?
In a first-to-file country like Nepal, waiting until your app gains traction can backfire badly. Under Sec. 16 of the Act, trademark rights are acquired only through registration — not by being first to use the name in the market. If another developer files your app name before you do, they own the registered mark, and you could be forced to rebrand. The Department of Industry examines applications for conflicts with earlier marks, but it won't check the app stores. Registration also gives you a legal basis to demand removal of copycat apps, file opposition against later filers, and license or franchise the name. Without it, your only recourse is a passing-off lawsuit — a harder, slower, and more expensive path that requires proving your reputation and consumer confusion in court.
Which NICE class covers an app name in Nepal?
Most app names fall under NICE Class 9 or Class 42, and many app businesses need both. Class 9 covers downloadable software — the app a user installs on a phone, tablet, or desktop. Class 42 covers software-as-a-service (SaaS), cloud-hosted platforms, and non-downloadable web applications accessed through a browser. If you have a native mobile app that users download and a cloud back-end service powering it, you likely need two separate applications — one per class, because Nepal's system requires a distinct filing for each NICE class. Our team can help you identify the right class coverage through the NICE Class Finder tool.
How to register your app name as a trademark in Nepal
The registration process follows a clear sequence set out in the Act and administered by the Department of Industry. Here are the steps, from search to certificate:
- Search the trademark database first. Before you commit to a name, run a search to check for identical or confusingly similar marks already registered or pending in your class. Use the trademark database search for a preliminary check, or let our team run a deeper search through the trademark search service. A common mistake we see is founders naming the app, building the MVP, and only then discovering the name is taken.
- Identify your class or classes. Decide whether you need Class 9 (downloadable app), Class 42 (SaaS back-end), or both. If your app falls into a specialised category — say, fintech, health-tech, or ed-tech — check whether an additional class like Class 36 or Class 41 applies. The AI NICE Classifier can give you a quick starting point.
- Prepare and file the application. Submit the Schedule 1(c) application form with four specimens of the mark (the app name as you want it protected), a notarised power of attorney, and the required documents to the Department of Industry. Foreign applicants must file through a Nepal-based agent and include a notarised copy of any home registration certificate.
- Respond to examination. The DoI examines the application for distinctiveness and conflicts with earlier marks. If the examiner raises an objection — for example, that the name is too descriptive of the app's function — you'll have an opportunity to respond and argue your case.
- Publication and opposition. Once the DoI approves the mark, it is published in the Industrial Property Bulletin. There is a 90-day window during which any third party can file an opposition. If someone objects, the DoI holds a hearing before deciding whether to proceed with registration.
- Receive your certificate. If no opposition is filed, or if an opposition is resolved in your favour, you pay the registration fee and receive the Schedule 2(c) registration certificate. Your app name is now a registered trademark in Nepal, valid for seven years.
What documents do you need to file an app-name trademark?
A domestic applicant needs an application form, a notarised power of attorney signed and attested by two witnesses, a board resolution of the company (if the applicant is a company), four specimens of the mark, and a certificate of industry or company registration. Foreign applicants must add a notarised copy of the home registration certificate in English and must appoint a local agent. The documentary requirements are the same whether you're registering a word mark for an app name or a logo — the key difference is the specimen: for a word mark, it's a plain-text representation of the name. For more detail, see our guide on documents required for trademark registration in Nepal.
How long does it take to register an app name in Nepal?
Plan on 12–14 months from filing to certificate for an unopposed application — that's the realistic timeline most applicants experience. In a very smooth case with no examiner queries and no opposition, the process can finish in about 6–8 months, but that's a favourable best case, not the norm. Delays most often come from examiner back-and-forth over distinctiveness or from opposition proceedings. For a fuller breakdown of the phases and what can slow them down, read how long trademark registration takes in Nepal.
What makes an app name strong enough for registration?
The DoI will refuse a mark that is descriptive of the app's function, generic, or confusingly similar to an already-registered name. A strong app name is inherently distinctive: it doesn't describe what the app does — think "HamroPay" for a wallet rather than "Mobile Payment App." Names that are too close to existing registered marks will also be blocked, which is why a thorough trademark search before you commit is essential. The Act also bars marks that hurt public morality or national interest, but that's rarely an issue for app names unless the name includes offensive terms.
Legal basis: what the Patent, Design and Trade Mark Act 1965 says
Sec. 16 of the Act states that trademark rights are acquired only upon registration. Sec. 18 requires the DoI to examine every application and refuse marks that damage existing goodwill or are already registered. Sec. 18A mandates classification by Nepal Gazette notice — in practice the NICE Classification — and one application per class. Sec. 21A governs publication in the Industrial Property Bulletin and the opposition window. Sec. 18D fixes the initial term at seven years, and Sec. 23B provides for unlimited seven-year renewals. Nepal's framework aligns broadly with the Paris Convention principles on priority and protection, though Nepal is not a member of the Madrid System, so you file directly through the DoI. The full text of the Act is available through the Nepal Law Commission, and classification guidance follows the WIPO NICE Classification.
Common mistakes when trademarking an app name
A mistake we see frequently is founders filing in only one class when their app spans both downloadable software (Class 9) and a cloud service (Class 42) — leaving one side unprotected. Another is choosing a name that sounds clever but is too descriptive ("QuickInvoice" for an invoicing app, for instance), which the examiner may reject. Skipping the pre-filing search is the most expensive mistake of all: you launch, build a user base, and then receive a demand letter from the holder of a registered mark. In a first-to-file system, that earlier registration trumps your market presence. Finally, founders sometimes assume app-store listing is enough protection — it's not. An app store won't enforce your trademark rights in Nepal; only a registered mark with the DoI gives you that power. If you get an examiner objection, don't ignore it — our team can help you respond; reach us through our contact page.
A realistic Nepal example: "KhetiGuru"
Imagine a Kathmandu-based startup building a mobile app called "KhetiGuru" that gives farmers real-time crop prices and weather alerts. The app is downloadable (Class 9), and the data runs on a cloud platform (Class 42). The founders first run a trademark database search and find no conflicting "KhetiGuru" mark. They file two applications — one in Class 9 for the mobile app, one in Class 42 for the SaaS back-end — with the Department of Industry. After examination and publication in the Industrial Property Bulletin, both pass the 90-day opposition window without challenge. About 13 months after filing, they hold registration certificates for "KhetiGuru" in both classes. They now have exclusive rights to the name for apps and cloud services in Nepal, can license it, and have grounds to demand takedowns of copycat farming apps. If they later expand into selling physical farm supplies under the same brand, they would file a third application in the relevant goods class.
Alternatives and edge cases
If your app name is also your company name registered with the Office of the Company Registrar (OCR), that company registration alone does not give you trademark rights. A trade name registered at the OCR and a trademark registered at the DoI are two separate protections — and only the trademark stops competitors from using the name on their apps. Our article on trademark vs trade name in Nepal explains the difference in detail. You might also consider protecting the app icon as a separate industrial design if it's novel enough, though that's a different registration pathway through the DoI. Finally, if your app name includes a tagline ("KhetiGuru — Smart Farming for Nepal"), the tagline itself can be registered as a separate word mark, but you'd need an additional application.
| Factor | Word Mark (App Name) | Figurative Mark (App Icon) |
|---|---|---|
| What it protects | The name text itself — any font, any style | One specific graphical design or logo |
| Best for | Stopping copycat apps using your name | Stopping lookalike icons in the app store |
| Typical NICE class | Class 9, Class 42, or both | Same classes, filed as a separate mark |
| Strength | Broad — covers the name however it's presented | Narrow — tied to one visual design |
| DoI specimen | Plain-text representation of the name | High-resolution image of the icon |
In short, your app name is one of your most valuable assets — and in Nepal's first-to-file system, the only way to lock it down is a registered trademark. Run a search, pick your class, file through the DoI, and secure the name before your app takes off. When you're ready to start, use our trademark database search to check availability, explore the trademark registration service, or reach out to our team to walk through your app's specific needs.
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