Company Registration vs Trademark in Nepal

In Nepal, company registration and trademark registration are two completely separate legal processes run by two different government bodies. The Office of the Company Registrar (OCR) registers your business as a legal entity, while the Department of Industry (DoI) registers your trademark as intellectual property under the Patent, Design and Trade Mark Act 1965. One gives you the right to operate a company; the other gives you the exclusive right to use a brand name or logo — and neither automatically gives you the other.

Key Takeaways

• Company registration (OCR) creates your legal business entity; trademark registration (DoI) protects your brand name, logo, or wordmark as intellectual property.
• Registering a company name at the OCR does not give you trademark rights over that name in Nepal.
• Nepal follows a first-to-file system — whoever files a valid trademark application first gets the rights, regardless of who used the brand first in the market.
• Trademarks are filed per NICE class at the DoI, published in the Industrial Property Bulletin, and face a 90-day opposition window before registration.
• A company registration lasts as long as you maintain compliance; a trademark is valid for 7 years and must be renewed in 7-year blocks.
• If someone registers your company name as their trademark before you do, you could lose the right to use that name as a brand — even if the OCR registered your company first.

What exactly is company registration in Nepal?

Company registration is the process of incorporating a business as a legal entity with the Office of the Company Registrar, under Nepal's Companies Act. Once registered, your business becomes a private limited company, public limited company, or non-profit — a separate legal person that can own property, sign contracts, sue, and be sued. The OCR issues a company registration certificate with a unique company registration number. What the OCR does not do is check whether your company name conflicts with anyone's registered trademark. That is the DoI's domain, and the two registries do not talk to each other.

What is a trademark, and what does registering one actually protect?

Under Sec. 2(c) of the Patent, Design and Trade Mark Act 1965, a trademark is any word, symbol, picture, or combination of these that distinguishes your goods or services from those of another business. Registering a trademark with the Department of Industry gives you the exclusive legal right to use that mark for the goods or services listed in your application. You can stop others from using a confusingly similar mark, license it, or sell it as an asset. Without registration, you may still have some rights through passing-off claims in court, but proving those is far harder and costlier than enforcing a registered mark.

Which government body handles what — and why it matters

The OCR sits under the Ministry of Industry, Commerce and Supplies and handles all business incorporation, company name reservations, and annual filings. The DoI, the same ministry's industrial property arm, handles trademarks, patents, and industrial designs under the PDTA 1965. Because these are two separate registers with no cross-checking, a name the OCR approves for company registration might already be someone else's registered trademark — or the reverse. A common scenario: a private limited company registers "Himalayan Brews Pvt. Ltd." at the OCR, assumes the name is protected, and later discovers a different company has registered "Himalayan Brews" as a trademark in NICE Class 32 at the DoI. The trademark owner can block the company from using that name as a brand on its products.

Company registration vs trademark: the key differences at a glance

Does registering a company name give me trademark rights in Nepal?

No. This is the single biggest misunderstanding we encounter. The OCR checks whether a proposed company name is identical to another company already on its register. It does not check the DoI's trademark register, and it does not consider whether the name is confusingly similar to a registered mark used for similar goods or services. A company registration certificate from the OCR is not evidence of trademark ownership, and you cannot use the ® symbol based on an OCR registration alone. To get the ® symbol and enforceable rights, you need a trademark registration certificate from the DoI under Sec. 21A of the PDTA 1965.

Which should you register first — the company or the trademark?

Ideally, you search and file both in parallel. Before you commit to a company name, run a trademark search through the DoI's records to confirm no one has already registered the same or a confusingly similar mark in your NICE class. Once the search is clear, reserve your company name at the OCR and file your trademark application at the DoI around the same time. This locks in your company legally while securing your first-to-file priority date for the brand. If you can only afford one right now, incorporate the company first — you need a legal entity to invoice clients and open a bank account — but file the trademark as soon as possible afterwards. Waiting even a few months lets someone else grab your brand name at the DoI.

How do you register a trademark in Nepal — the step-by-step process

Trademark registration is handled exclusively by the Department of Industry. The process takes roughly 12–14 months in typical unopposed cases, though smooth applications can sometimes clear in 6–8 months.

1. Search the DoI register. Check whether your proposed mark — word, logo, or both — is already filed or registered in the NICE class you need. Use the DoI's records or a professional search service to catch conflicts early.
2. Identify your NICE class. Nepal uses the international NICE Classification (Classes 1–45). One application covers one class. If your brand spans multiple classes — say, Class 25 for clothing and Class 35 for retail services — you file separate applications for each.
3. Prepare and file the application. Submit the Schedule 1(c) form with four specimens of your mark and the required documents to the DoI. Documents include a notarised power of attorney, board resolution if a company is applying, and the label of the mark.
4. DoI examination. The DoI examines the application for distinctiveness and conflicts with existing marks. If it raises objections, you get an opportunity to respond and defend your mark.
5. Publication in the Industrial Property Bulletin. Once the DoI is satisfied, your mark is published. Third parties have a 90-day opposition window to challenge your application.
6. Registration and certificate. If no opposition is filed — or if any opposition is resolved in your favour — you pay the registration fee and receive the trademark registration certificate, valid for 7 years.

Which NICE classes matter when your brand is also your company name?

If your company name doubles as your brand — think "Bhatbhateni" or "Chicken Station" — you need to register it as a trademark in every NICE class where you actually do business. A retail chain typically needs Class 35 for retail services. If you also sell packaged goods under the same name, you need the relevant goods class too (for example, Class 29 for processed foods or Class 30 for snacks and spices). Restaurants file in Class 43. Software companies typically file in Class 9 and Class 42. Because Nepal requires one application per class, a brand operating in three sectors files three trademark applications — even though all three cover the same brand name. Use our NICE class finder to confirm your classes before filing.

What documents do you need for each registration?

Company registration at the OCR typically requires the memorandum and articles of association, details of directors and shareholders, and a proposed company name for reservation. Trademark registration at the DoI requires the application form, a notarised power of attorney, a board resolution (for company applicants), and four specimens of the mark itself. Foreign applicants must also provide a notarised copy of their home-country trademark registration certificate. If you are claiming priority under the Paris Convention from an earlier foreign filing, you need the certified filing receipt in English. For a complete document checklist by applicant type, visit our guide to documents required for trademark registration in Nepal.

A real-world Nepal example: the café that nearly lost its name

Imagine a couple in Patan who open a specialty coffee shop called "Yeti Beans." They register "Yeti Beans Pvt. Ltd." at the OCR and start building a loyal customer base. Two years in, they receive a legal notice from a larger Kathmandu-based food distributor that has registered the wordmark "Yeti" in Class 30 (coffee and tea) at the DoI. Because Nepal is a first-to-file jurisdiction, the distributor's trademark registration — filed six months before the café even opened — gives it the right to stop "Yeti Beans" from selling packaged coffee under that name. The café owners spend months and significant legal fees negotiating a coexistence agreement, something a simple DoI search before incorporating would have flagged for under NPR 1,000. The lesson: always search the trademark register before you fall in love with a company name.

Common mistakes business owners make with company names and trademarks

• Assuming OCR registration protects the name everywhere. It doesn't. OCR only blocks identical company names on its own register. It has zero effect on trademark rights.
• Filing a trademark in the wrong class. Registering a restaurant name in Class 43 is fine — until you start selling branded sauces, which need Class 30. If the class doesn't match what you sell, the registration doesn't protect you.
• Using the ® symbol without a trademark registration. Sec. 18B of the PDTA 1965 prohibits using a mark as a "registered trademark" when it is not. Doing so carries penalties and undermines your credibility.
• Waiting too long to file the trademark. Nepal's first-to-file system rewards the person who files first, not the one who used the brand first. Every month you delay is a window for someone else to claim your name at the DoI.
• Ignoring the 90-day opposition window. Once your mark is published in the Industrial Property Bulletin, monitor it. If a competitor opposes and you miss the deadline to respond, you could lose the application.

Cost factors for both registrations in Nepal

Company registration costs depend on your authorised capital and whether you engage a professional to handle the paperwork. Trademark registration costs are driven by a per-class government fee structure at the DoI, plus the professional fees of the agent or lawyer who prepares and files your application. A single-class wordmark application is the most affordable; adding figurative or logo elements, filing in multiple classes, or responding to examiner objections adds to the total. Foreign applicants pay higher government fees and must use a local agent with a notarised power of attorney. For a detailed breakdown of what drives trademark registration costs, see our guide to trademark registration costs in Nepal, or use our trademark fee calculator for an estimate tailored to your application.

Renewal and long-term maintenance — company vs trademark

A company registered at the OCR stays active as long as you file annual returns and maintain statutory compliance. There is no expiry date. A registered trademark, by contrast, has a fixed term of 7 years under Sec. 18D of the PDTA 1965. You must renew it every 7 years, with renewal due within 35 days of expiry. A late renewal is possible within a further 6-month grace period, after which the registration is automatically cancelled. If you miss the trademark renewal, you lose all statutory protection — even if your OCR company registration is still current — and you may have to refile from scratch, losing your original priority date. Track both deadlines; they operate on completely independent calendars.

Foreign applicants — what changes?

Nepal is not a member of the Madrid System, so foreign businesses cannot extend an international trademark registration into Nepal. They must file directly with the DoI through a Nepal-based agent or legal representative. The process is the same as for domestic applicants, with two added requirements: a notarised copy of the home-country registration certificate, and a notarised power of attorney executed in favour of the local agent. Foreign applicants can claim priority under the Paris Convention if they file in Nepal within six months of their first foreign filing. The per-class application structure, 90-day opposition window, and 7-year renewal term all apply equally. For step-by-step guidance, see our foreign trademark registration service.

In short, company registration and trademark registration are not alternatives — they are complementary layers of protection. The OCR gives your business a legal identity; the DoI gives your brand exclusive marketplace rights. In a first-to-file system like Nepal's, filing the trademark early — ideally in parallel with your company incorporation — is the single most cost-effective step you can take to protect what you are building.

Check whether your brand name is already registered — search the Nepal trademark database or speak with our team about filing both your company and your trademark the right way, from day one.

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