How to Choose the Right Trademark Class in Nepal (2026)

To choose trademark class Nepal correctly, match every product and service you genuinely offer to the NICE Classification before filing with the Department of Industry (DoI). Nepal follows the Patent, Design and Trademark Act 1965 and requires a separate application for each class; an unopposed registration typically takes about 12–14 months.

Key Takeaways

The DoI uses the 45-class NICE Classification for trademark registration in Nepal: Classes 1–34 cover goods and Classes 35–45 cover services. Under Sec. 18A, each class needs its own application, so your class list should cover real business activity rather than broad plans.

• Start with what you actually sell, make, supply, or do for customers.
• Goods fall in NICE Classes 1–34; services fall in Classes 35–45.
• A wordmark, logo, business name, TM, and product brand can require the same class analysis.
• Nepal is first-to-file, so file the correct class before another applicant secures it.
• One Nepali trademark application protects one NICE class only.
• Search both the name and the candidate classes before committing to an application.
• Use a precise goods-and-services list because the class heading alone does not define all protection.

How do you choose the right trademark class in Nepal?

You choose the right NICE class by listing your actual goods and services, identifying whether each is a good or service, and matching it to NICE wording. The DoI applies the 45-class system under Sec. 18A, while Nepal’s first-to-file rule makes an early, accurate filing especially valuable.

A trademark class is a legal category, not a label for your whole industry. “Fashion,” “technology,” or “food business” is too broad to decide a class. Write down the concrete things a customer pays you for: shirts, online retail services, packaged tea, restaurant meals, downloadable software, or hosted software access.

Then separate what you sell from how you sell it. A manufacturer may need a goods class for its product and Class 35 for retail or online-store services. A café may need Class 43 for café services and another class for packaged items carrying the same brand.

Which NICE classes apply to goods and services?

NICE Classes 1–34 cover goods and Classes 35–45 cover services, but a business can operate across both bands. The World Intellectual Property Organization, or WIPO, maintains the NICE Classification used by the DoI for national trademark applications in Nepal.

Goods are physical or downloadable items. Services are activities performed for customers, such as retail, advertising, education, hospitality, software hosting, beauty care, or financial work. The distinction can be less obvious online: an app may be a downloadable product in Class 9, while software provided through the internet may be a Class 42 service.

How do you register a trademark class with the DoI?

You register a selected class by filing an application at the Department of Industry, which examines the mark before publication in the Industrial Property Bulletin. A trademark then faces a 90-day opposition period before registration and a certificate, with a typical unopposed path taking about 12–14 months.

1. List the offering. State each product and service in plain, specific terms.
2. Match classes. Use the NICE class heading and accepted descriptions to identify every relevant class.
3. Search conflicts. Check identical and confusingly similar marks in each candidate class and related areas.
4. Prepare the specification. Draft the goods-and-services list that will appear in the application.
5. File per class. Submit a separate application for each class at the DoI.
6. Respond and wait. Address examination issues, publication, and any opposition before certificate issuance.

Class selection does not guarantee acceptance. The DoI also considers whether a mark is already registered, damages another mark’s goodwill, or otherwise falls within refusal grounds. A database result is useful evidence, but it is not a formal clearance opinion or a promise that the DoI will register the mark.

What documents support a class-based trademark application?

A DoI trademark application needs the prescribed form, a representation of the mark, and applicant documents appropriate to the owner’s status. The Patent, Design and Trademark Act 1965 requires an application for each class, and the DoI may need supporting records before it examines the proposed wordmark or logo.

For a Nepali company, the filing set commonly includes its board resolution, industry certificate, latest tax clearance material, trademark label, and a notarised power of attorney where an agent acts. An individual or other business structure should provide the documents that establish the applicant and authority to file.

Foreign owners file directly in Nepal through a Nepal-based agent or representative because Nepal is not part of the Madrid System. They commonly need a notarised power of attorney, company authority documents, a label, and certified home registration or priority documents where applicable. A Paris Convention priority claim needs careful supporting paperwork.

How long does trademark registration take after class selection?

Trademark registration normally takes about 12–14 months from filing to certificate when unopposed, although a very smooth case may finish in about 6–8 months. The DoI examination, Industrial Property Bulletin publication, and mandatory 90-day opposition period explain why selecting the right NICE class early saves delay.

What affects the cost of filing more than one class?

The total cost increases with every separate NICE class because Nepal requires one application per class under Sec. 18A. Government charges and professional work are separate, while the number of classes, mark type, search depth, document preparation, and examination issues can all affect the final amount.

Do not decide classes only by trying to minimise filing cost. Omitting a genuine activity may leave your business-name protection thin where it matters most. At the same time, filing speculative classes can add expense without a clear commercial reason. Use the trademark fee calculator for a current estimate, or ask our team for guidance on a sensible filing scope.

What law governs trademark classes and registered marks?

The Patent, Design and Trademark Act 1965 governs trademark registration in Nepal, with Sec. 18A requiring separate applications for separate classes. Sec. 16 links title to registration, while a registered trademark is valid for seven years and can be renewed in further seven-year terms.

You can read the statutory text through the Nepal Law Commission and check administrative information from the Department of Industry. A registered mark may use the ® symbol only after registration; TM can signal a claimed brand but does not create registration rights by itself.

Class selection is also tied to use. A mark not put into use within one year of registration may face cancellation under Sec. 18C. That is another reason to file for genuine products and services, not a long list built around vague future possibilities.

Which class-selection mistakes should businesses avoid?

Businesses should avoid choosing a class based on an industry label, filing only goods when they also provide branded services, and copying another applicant’s vague wording. The DoI examines each class application, and a correct class does not cure a confusingly similar mark or an unclear specification.

• Assuming Class 35 covers everything. It often covers retail, advertising, and business services, not the products themselves.
• Filing only a logo. A logo registration may not give the same practical coverage as a separately protected wordmark.
• Ignoring related classes. A product and the service around it may sit in different classes.
• Searching only exact spelling. Similar sounds, translations, layouts, and meanings can create risk.
• Waiting until launch. Nepal is first-to-file, not first-to-use.

In practice, the most costly mistake is treating the class number as the whole decision. The written specification and the existing register matter just as much. Use the public Nepal trademark database to identify existing marks, then consider a professional search where the brand is important or the field is crowded.

How would a Nepali business map classes in a real example?

A Kathmandu brand selling “Himal Brew” coffee through a café and packaged retail products would likely consider Class 43 for café services and Class 30 for coffee goods. If it also operates a branded online retail store, Class 35 may be relevant, with each class filed separately at the DoI.

This is a realistic example, not advice on a real business or a guarantee that “Himal Brew” is available. Before filing, the owner should search the exact name and similar names, inspect results in the relevant classes, and decide whether the logo and wordmark need separate protection strategies.

What are the alternatives and edge cases for trademark classes?

Businesses can file their core class first and add a new class as expansion becomes real, but Nepal’s first-to-file system means delay carries risk. A foreign registration does not automatically protect Nepal, and foreign applicants need a direct DoI filing through a Nepal-based representative.

If your concern is a product’s visual shape, pattern, or ornament rather than its brand name, industrial design registration may be the better route. If the concern is original artwork, code, music, or writing, trademark law may not be the whole answer. The right IP right depends on what you are trying to stop others from copying.

A difficult situation calls for a careful review: mixed goods and services, a similar competitor mark, a franchised business, a pending foreign launch, or a proposed opposition. Our team can help you assess classes and filing options, but this guide is general information rather than legal advice.

In short: choose trademark class Nepal by mapping each current commercial activity to the right NICE class, checking the register for conflicts, and filing each justified class promptly. Your registered mark then has a clearer link to the goods and services that make up your real business.

People also search for

These related Nepal trademark guides explain the classification system, goods-versus-services distinction, and wider protection choices under the DoI process and the Patent, Design and Trademark Act 1965.

• What is the NICE Classification and how do the 45 classes work?
• What is the difference between goods and services trademark classes in Nepal?
• Which trademark class covers cosmetics and cleaning products in Nepal?
• What is the difference between a trademark, copyright, patent, and design?
• How do industrial design rights work in Nepal?
• Should you use copyright or trademark protection for a brand?

Start by searching Nepal’s trademark database, use our free NICE and trademark tools to test your class choices, and contact our team if you want help selecting classes and filing your trademark application.