Yes, two companies can have the same trademark in Nepal — but only when the marks cover completely different goods or services, no consumer confusion arises, and the Department of Industry (DoI) approves both registrations. Under the Patent, Design and Trademark Act 1965, Nepal is a first-to-file country, so rights belong to whoever files first in a given class.
Key Takeaways
- The DoI can register the same word or logo for two different companies if the goods or services fall in unrelated NICE classes and there is no likelihood of confusion.
- Nepal follows a strict first-to-file system — the first valid applicant in a class gets the right, regardless of who used the mark first in the market.
- If the goods are similar and the marks are identical, the DoI will refuse the second application under Sec. 18(1) of the Act.
- Well-known marks get broader protection — you cannot register an identical mark even for unrelated goods if the original mark is famous in Nepal.
- Coexistence agreements between two companies are not formally recognised by the DoI but can influence the examiner's decision during the process.
- A proper DoI trademark search before filing is the single most effective way to find out if your desired mark is already taken in your class.
When can two companies legally share the same trademark in Nepal?
The core rule under the Patent, Design and Trademark Act 1965 is that a mark cannot be registered if it damages the goodwill of another's trademark or is already registered in another person's name (Sec. 18(1)). But the DoI applies this rule within the NICE classification system. If Company A registers the mark "Himalayan Fresh" in Class 32 for bottled water, and Company B applies for the same word in Class 25 for clothing, the DoI may approve both — because consumers are unlikely to think the water company started selling jackets.
How does Nepal's first-to-file rule affect identical trademarks?
Nepal is a first-to-file jurisdiction. This means the right to a trademark comes from being the first to submit a valid application to the Department of Industry, not from being the first to use the mark in the market. If you have been using a brand name in your shop for five years but someone else files it with the DoI first in your class, they get the legal right. The only exception is a passing-off claim under common law principles recognised by Nepali courts — but that is expensive, slow, and uncertain compared to registration.
What does the DoI check when two identical marks are filed?
During examination, the DoI runs a preliminary check for similarity to existing marks. The examiner looks at three things: visual and phonetic similarity of the marks, the relatedness of the goods or services, and the overall likelihood of public confusion. Two identical word marks in the same class will almost always be blocked. But if the marks are in different classes — say Class 9 for software and Class 43 for restaurant services — and the goods have nothing in common, the examiner may let both through. The Trademark Directives, 2072 BS guide the DoI's opposition and examination practice.
What happens if two companies claim the same trademark in the same class?
Only the first applicant wins. The DoI will refuse the second application outright under Sec. 18(1). The second company's only options are to oppose the first mark during its 90-day publication window in the Industrial Property Bulletin, apply for a different mark, or negotiate directly with the first applicant. The DoI does not run an inter-partes proceeding outside of the opposition window — there is no separate cancellation petition route unless the registered mark has been unused for over one year (Sec. 18C).
| Situation | DoI decision | Legal basis |
|---|---|---|
| Same mark, same class | Refused — first applicant gets the right | Sec. 18(1) |
| Same mark, unrelated classes, no confusion | May register both | Sec. 18A, NICE classification |
| Same mark, related goods in different classes | Likely refused — confusion risk | Sec. 18(1), Trademark Directives |
| Same mark, unrelated class, but first mark is well-known | Refused — well-known mark protection | Trademark Directives §2(f) |
| Same mark, different owners, coexistence agreement exists | Considered but not binding on DoI | Examiner discretion |
Do well-known trademarks get extra protection against identical marks?
Yes. Under the Trademark Directives, 2072 BS, a well-known mark in Nepal gets protection that crosses class boundaries. If a mark is famous — think of a globally recognised beverage or technology brand — you cannot register an identical mark even for completely unrelated goods. The DoI will refuse it. There is no formal well-known-mark registry in Nepal, so the determination is made case by case during examination or opposition, relying on evidence of reputation and public recognition.
Can a coexistence agreement let two companies share the same mark?
In practice, two companies can enter into a private coexistence agreement where each agrees to use the same mark for different goods or in different regions. However, the DoI is not formally bound by such agreements. The examiner still conducts an independent assessment of confusion risk. An agreement can help — especially if it clearly defines separate markets — but it does not guarantee registration. If you are considering this route, our team can help you present the agreement alongside your application through a consultation.
How do you check if your desired trademark is already taken?
The single most important step before applying is to search the DoI's trademark database for existing identical or similar marks. Here is the practical sequence we recommend:
- Identify the NICE class or classes your goods or services fall into. Use our NICE class finder to confirm.
- Run a search on the DoI database using the exact word, phonetic variations, and common misspellings. IP Sewa's trademark search tool connects directly to the DoI records.
- Check not just your own class but also related classes. For example, if you sell tea (Class 30), also check Class 43 for tea-house services.
- If a similar mark exists in your class, assess whether it is still in use. A mark unused for over one year may be vulnerable to cancellation.
- If the search is clear, file your application promptly — every day you wait, someone else could file first.
What are the most common mistakes companies make with identical trademarks?
A mistake we see repeatedly is a business assuming that because they registered their company name at the Office of the Company Registrar, their brand is protected. Company registration and trademark registration are completely separate in Nepal. Another frequent error is filing in only one class when the business actually operates across several. A restaurant that also sells branded packaged sauces needs both Class 43 and Class 30. Finally, many applicants wait until a competitor copies their mark before filing — by then, in a first-to-file system, it is often too late. File before you launch, not after.
A real-world Nepal example: how two businesses share the same name legally
Imagine a well-known bakery in Patan called "Mitho" that registers its name as a trademark in Class 30 for bread, pastries and confectionery. A separate company in Pokhara launches "Mitho" as a brand of handmade ceramic dinnerware and applies in Class 21. The DoI examines both. The goods are different, the trade channels are different, and no reasonable consumer would think the bakery expanded into pottery. Both marks register, and both businesses operate without conflict. But if the Pokhara company had instead applied for "Mitho" in Class 30 for biscuits, the DoI would have rejected it — same class, related goods, clear confusion risk.
How long does the process take, and what drives the outcome?
A typical trademark application in Nepal takes about 12 to 14 months from filing to certificate, assuming no opposition. In the smoothest cases it can wrap up in around 6 to 8 months. The 90-day opposition window after publication in the Industrial Property Bulletin is the single biggest variable — if another company with an identical mark opposes, the timeline stretches significantly while the DoI's Law Division runs a hearing process. The closer the goods and the marks, the higher the risk of opposition and refusal.
What does it cost to file, and why can't we quote one fixed number?
The total cost of registering a trademark depends on the number of classes you file in, because Nepal requires one application per class. Each application carries its own government fee and professional fee. A single-class application is the baseline. If you need to defend against an opposition or negotiate a coexistence agreement, that adds further cost. For a current, personalised estimate based on your specific mark and class, use our trademark fee calculator or reach out through our contact page.
What to do if someone files your trademark before you do
If you discover that another company has already filed an identical or confusingly similar mark in your class, act immediately. Monitor the Industrial Property Bulletin for the publication of their application. You have a 90-day window from the publication date to file an opposition with the DoI's Law Division. You will need evidence — proof of your prior use, market reputation, or the likelihood of confusion. If the 90 days pass and the mark registers, your options narrow to a passing-off suit in court or negotiating a purchase of the mark. Neither is quick or cheap. The best defence is always to file before you need to, and our team can help you prepare and file an opposition through our opposition and enforcement service.
In short
Two companies can share the same trademark in Nepal when the marks live in unrelated NICE classes, there is no genuine risk of public confusion, and neither mark is well-known. But the first-to-file rule is absolute within each class — the first valid application wins, every time. Running a thorough DoI search, picking the right class, and filing before you go to market is the only way to secure your brand. Treat trademark registration as a launch-day task, not an afterthought.
People also search for
- How to register a trademark in Nepal
- How to choose the right trademark class in Nepal
- What is the NICE classification for trademarks
- How much does trademark registration cost in Nepal
- How long does trademark registration take in Nepal
- How foreign companies can register a trademark in Nepal
- Documents required for trademark registration in Nepal
Not sure whether your mark can coexist with an existing one? Run a quick search on our trademark database to see what is already registered in your class, or get in touch with our team for a personalised assessment. If you need help filing, our trademark registration service covers the full process from search to certificate.
Comments (0)
Leave a comment
Replying to — cancel