A trademark protects a brand name or logo—but only for the specific goods or services you list in your application. Under Nepal's NICE Classification, goods fall in Classes 1–34, services fall in Classes 35–45, and the Department of Industry (DoI) examines every application against this split. Pick the wrong side and your filing gets rejected.
Key Takeaways
- The NICE Classification divides all commercial activity into 34 goods classes (1–34) and 11 services classes (35–45).
- In Nepal, a single trademark application covers one class only—a restaurant selling branded packaged food needs two separate applications.
- The DoI examines classification accuracy during the initial review; a wrong class means a fresh application and a fresh fee.
- Goods are tangible products you can hold; services are activities performed for someone else.
- A common mistake we see: listing a product-sales activity under a services class, or vice versa.
- Always search the trademark database before filing to check what classes similar businesses in Nepal have used.
- When in doubt, our team can help you identify the correct class through a direct consultation.
What is the difference between goods and services in trademark classification?
A good is a physical product you can touch, package, ship, and hand to a buyer—tea leaves, a mobile phone, a printed book, a jar of ghee. A service is an activity you perform for someone else—running a café, repairing motorcycles, offering legal advice, or selling third-party products in a retail shop. Under the NICE Classification—which the DoI uses through the Patent, Design and Trade Mark Act 1965—Classes 1 to 34 cover goods, and Classes 35 to 45 cover services. The distinction matters because Nepal treats each class as a separate filing.
Why does the goods-vs-services split matter in Nepal?
Nepal follows a one-application-per-class rule under Sec. 18A of the Act. If your business sells packaged coffee (a good, Class 30) and also runs a coffee shop (a service, Class 43), you need two trademark applications—one for each class. The DoI examiner checks your class selection during the initial examination. If you file under the wrong side of the goods/services line, the application gets refused and you start over with a fresh filing date. In a first-to-file country, losing your priority date because of a classification mistake is a serious risk.
Which NICE classes cover goods, and which cover services?
The NICE Classification organises all commercial activity into 45 classes. Classes 1–34 are reserved entirely for goods—raw materials, manufactured products, foodstuffs, chemicals, clothing, electronics, and everything else that exists as a physical item. Classes 35–45 cover services—retail and wholesale, advertising, insurance, construction, telecommunications, hospitality, education, legal services, and more. There is no overlap. A single product or activity belongs to one class. The full list is maintained by WIPO and applied directly by the DoI in Nepal.
How do I know if my business activity is a good or a service?
Ask one question: does my customer walk away holding something physical? If yes, you are selling a good—it belongs in Classes 1–34. If the customer receives an experience, advice, labour, or access but no physical product you manufactured, you are providing a service—Classes 35–45. A pashmina weaver who sells shawls files under Class 25 (goods). That same weaver, if she also charges for weaving lessons, files a separate application under Class 41 (education services). The distinction follows what you invoice for, not what your business is generally about.
What about businesses that sell both goods and services?
Many Nepali businesses straddle both sides. A bakery that sells packaged cookies to retailers needs Class 30 (goods—baked products). If that same bakery also runs a café where customers sit and eat, it needs Class 43 (services—restaurant). A software company that sells a downloadable app files under Class 9 (goods—software). If it also offers custom development and IT support, it needs Class 42 (services—software development). Each distinct commercial offering gets its own application. The DoI does not allow you to bundle goods and services into one filing, even if they sit under the same brand name.
| Business type (Nepal example) | Goods class (1–34) | Services class (35–45) |
|---|---|---|
| Tea producer with a tea-house | Class 30 — packaged tea | Class 43 — tea-house service |
| Handicraft maker with a retail shop | Class 20 — furniture/goods | Class 35 — retail store service |
| Software firm with IT support | Class 9 — software product | Class 42 — IT/development service |
| Clothing brand with tailoring | Class 25 — garments | Class 40 — custom tailoring service |
| Spice brand running cooking classes | Class 30 — packaged spices | Class 41 — education/cooking classes |
How do I register a trademark covering goods and services in Nepal?
You file separate applications—one per class—with the Department of Industry. The process is identical for both goods and services classes, but each application stands alone. Here are the steps:
- Identify every class your business needs. List every product you sell (goods) and every activity you charge for (services). Map each one to its correct NICE class using the NICE Class Finder tool.
- Search the trademark database for conflicts. Run a trademark search for each class separately. A mark that is clear in Class 30 might conflict with a registered mark in Class 43.
- Prepare separate application forms. Each class needs its own Schedule 1(c) form, four specimens of the mark, and the prescribed government fee. The documents are the same regardless of whether it is a goods or services class.
- Submit all applications to the DoI. You can file them on the same day to secure the same priority date across classes. The DoI examines each one independently.
- Respond to any examiner queries. If the examiner challenges your class selection, you get a chance to defend it. If the class is simply wrong, you refile.
- Publication, opposition, and registration. Each application gets published in the Industrial Property Bulletin with a 90-day opposition window. If unopposed, you pay the registration fee and receive a certificate for that class.
What are the most common goods-vs-services mistakes in Nepal?
The single biggest error we see is filing a retail shop under a goods class. Selling third-party clothing in a store is a retail service (Class 35), not a clothing good (Class 25)—Class 25 covers the garment you manufacture and sell as your own product. Another frequent mistake: listing a restaurant under Class 30 because the business sells food. Food products (packaged noodles, branded spices) go in Class 30; the act of preparing and serving meals goes in Class 43. A third common slip is assuming one application covers everything. It never does in Nepal—if your brand touches two classes, you file two applications. Our team can help you audit your class coverage before you file through a consultation.
Realistic Nepal example: a business that needed both sides
Imagine a Kathmandu-based business called "Himalayan Hive" that produces and sells bottled honey (a good) and also runs beekeeping workshops where people pay to attend (a service). The bottled honey sits squarely in Class 30—it is a packaged food product. The workshops belong in Class 41—education and training services. If Himalayan Hive files only under Class 30, the brand name is unprotected for the workshop business. A competitor could start "Himalayan Hive Beekeeping Classes" and the original business would have no registered right to stop them, because the Class 30 registration does not extend to services. Filing in both classes from day one closes that gap. This is how the goods-vs-services split plays out in real commercial life in Nepal.
What does the law say about classification in Nepal?
The Patent, Design and Trade Mark Act 1965, at Sec. 18A, empowers the Government to classify goods and services by publishing a notice in the Nepal Gazette. In practice, the DoI follows the NICE Classification established under the Nice Agreement and maintained by WIPO. Sec. 18A(2) explicitly states that a separate application is required for each class. A mark registered in one class may also be registered in another class under Sec. 18A(3), but only through a separate filing. The full statutory text is available through the Nepal Law Commission. Nepal also follows the Paris Convention for priority claims, and the classification framework aligns with TRIPS obligations.
How does the DoI examiner check my class selection?
During the examination phase, the DoI reviews whether the goods or services listed in your application actually match the class number you selected. The examiner compares your description against the NICE class headings and the alphabetical list. If the description is vague—"business services," "food items"—the examiner may issue a query asking you to specify. If the class is clearly wrong—say, you listed a restaurant under Class 30—the application gets rejected and you must refile correctly. This is why being precise in your description matters. Write "restaurant and café services" not "food business." Write "retail store services featuring clothing" not "clothing." The AI NICE Classifier tool can help you draft the right description before submission.
What documents are needed—and does the goods-vs-services split change them?
The document checklist is identical whether you file under a goods class or a services class. You need the application form, a notarised Power of Attorney, a board resolution (for companies), four specimens of the mark, and a copy of your company registration certificate. Foreign applicants also need a notarised copy of the home registration certificate. The only difference is the class number and the description of goods or services on the form. For a full walkthrough, see our guide on documents required for trademark registration in Nepal.
Cost factors when filing across goods and services classes
Because Nepal charges fees per class, filing under both goods and services classes multiplies your costs. Each application attracts its own government filing fee and its own registration fee upon approval. Professional fees also scale per application. A business that needs two classes pays roughly double what a single-class business pays. The total depends on whether you are a domestic or foreign applicant, how many classes you file under, and whether any opposition arises. For a current estimate tailored to your class combination, use the trademark fee calculator or reach out through our contact page.
How long does registration take for multiple classes?
Each application moves through the DoI on its own timeline—examination, publication in the Industrial Property Bulletin, the 90-day opposition window, and certificate issuance. Filing two or three applications on the same day does not guarantee they all get registered simultaneously, but it does secure the same priority date. The typical end-to-end timeline for an unopposed application is around 12 to 14 months. In the smoothest cases, it can be as short as 6 to 8 months. For a detailed breakdown, read how long trademark registration takes in Nepal.
Can I change the class after filing?
No. Once you submit an application, you cannot switch it from a goods class to a services class, or from one class number to another. The class is part of the original filing. If you discover the error after submission, your only option is to withdraw or abandon the incorrect application and file a fresh one with the right class. This resets your filing date, which matters in Nepal's first-to-file system. That is why getting the goods-vs-services classification right before you file is not a detail—it is the whole game. If you are unsure, use the AI NICE Classifier or speak with our team before you submit.
In short, the goods-vs-services line under the NICE Classification is the first decision every Nepal trademark applicant must get right. Goods are tangible products—Classes 1 through 34. Services are activities—Classes 35 through 45. Nepal's one-application-per-class rule means a business that sells products and offers services must file multiple applications. Each one stands alone. The DoI examiner checks your class selection; a mistake costs you time, money, and your priority date. Use the tools, search the database, and when in doubt, get human guidance before you file.
People also search for
- What is the NICE Classification — trademark classes explained
- How to choose the right trademark class in Nepal
- How to register a trademark in Nepal
- How much does trademark registration cost in Nepal
- Goods vs services trademark classification in Nepal
- Documents required for trademark registration in Nepal
- How long does trademark registration take in Nepal
- Copyright vs trademark in Nepal — what is the difference
Getting your NICE class right starts with a proper search. Check the trademark database to see how similar businesses in Nepal have filed, or use the NICE Class Finder to identify your correct classes. If you would rather have an expert handle it, reach out to our team—we help Nepali and foreign applicants get the classification right before anything reaches the DoI.
Comments (0)
Leave a comment
Replying to — cancel