To legally name a restaurant in Nepal, clear and register the brand with the Department of Industry (DoI), usually in NICE Class 43. Under the Patent, Design and Trademark Act 1965 (PDTA), Nepal follows first-to-file rules. An unopposed registration commonly takes about 12–14 months.
Key Takeaways
A restaurant name becomes stronger legal property only after DoI registration under the PDTA, usually in NICE Class 43 for food and drink services. Your company name, social-media handle, menu sign, or domain name does not by itself give you nationwide trademark rights in Nepal.
- Nepal is first-to-file, so the first valid trademark application matters more than who used a name first.
- NICE Class 43 is the core class for restaurants, cafés, canteens, catering, and food-service businesses.
- One trademark application covers one NICE class; packaged food or retail activity may need separate filings.
- The DoI examines applications and publishes accepted marks in the Industrial Property Bulletin.
- Third parties have a 90-day opposition window after Bulletin publication under current DoI practice.
- A registered restaurant trademark lasts seven years and can be renewed in further seven-year terms.
- Search similar spellings, logos, and food-service marks before printing menus, signs, packaging, or franchise material.
Why is a company name not enough for a restaurant in Nepal?
The Office of the Company Registrar (OCR) records a company or business identity, while the DoI registers trademarks under Sec. 18 of the PDTA. A company registration therefore does not replace restaurant trademark Nepal protection or stop another food business from seeking a confusingly similar registered mark.
Your legal entity may be “Himalayan Hospitality Private Limited,” while customers know you as “Sajilo Sekuwa.” The customer-facing name, logo, and stylised wordmark are the assets that need trademark review. Registering both a company and a trade mark can be sensible, but they serve different purposes.
A domain name also does not settle trademark ownership. Neither does an Instagram page, a Foodmandu listing, a municipal licence, or a signboard in Thamel. They may show commercial use, but they do not displace a prior valid DoI registration in Nepal’s first-to-file system.
Which NICE classes apply to restaurants and food businesses?
NICE Class 43 covers restaurant, café, catering, bar, and food-and-drink service activity in Nepal’s 45-class NICE Classification system. The DoI requires a separate application for every class under Sec. 18A, so food products, beverages, and business-management services need separate analysis before filing.
Class 43 is the starting point for most dine-in, takeaway, cloud-kitchen, café, bakery-service, and catering brands. It protects the service of serving food, not every item on the menu as a packaged product. A momo shop that later sells frozen momos or achar in retail packs may need broader protection.
Do not file every possible class simply because it sounds broad. Match the application to real or planned business activity. The free NICE class finder can help you explore terms, but a mixed restaurant and packaged-food model deserves a careful class review before filing.
How do you check whether a restaurant name is available?
A proper name search compares your proposed restaurant mark with earlier DoI applications and registrations in the relevant NICE classes before you file. The DoI can refuse marks that damage another mark’s goodwill or are already registered, under Sec. 18 of the PDTA.
Search the exact name first, then likely variants: joined words, spaces, Nepali and English spellings, phonetic versions, and the distinctive part of a longer name. “Dalle Momo House” may conflict with more than an exact “Dalle Momo” result. A logo search also needs judgement because visual similarity is not always obvious from text records.
Start with the public Nepal trademark database, then consider a professional trademark clearance search and written conflict opinion if the opening, signage, or franchise plan depends on the name. A search reduces risk; it does not guarantee that no objection or opposition will arise.
How do you register a restaurant trademark with the DoI?
The DoI registration process runs from application and examination to Industrial Property Bulletin publication, a 90-day opposition period, and certificate issuance. Under Sec. 17–21A of the PDTA, a restaurant owner should prepare the mark, class, documents, and filing strategy before submitting the application.
- Choose a distinctive mark. Pick a name that customers can recognise as your source, rather than a plain description such as “Best Kathmandu Restaurant.” Consider the wordmark separately from any logo.
- Identify your classes and search conflicts. Class 43 is usually essential. Add a separate application only where packaged goods, beverages, retail, or business services genuinely require it.
- File the application with the DoI. The filing identifies the applicant, mark, selected class, and relevant goods or services. The DoI records the application and begins examination.
- Respond during examination if needed. The DoI assesses distinctiveness and earlier conflicts. A response may be needed if the examiner raises a similarity or registrability concern.
- Wait for Bulletin publication and opposition. If accepted, the mark appears in the Industrial Property Bulletin. Another party may oppose it within the 90-day practice window.
- Complete registration and retain the certificate. If no opposition succeeds, the DoI registers the mark and issues a registration certificate. Keep the certificate and renewal date safely recorded.
What documents does a restaurant trademark application need?
A domestic DoI application commonly requires the application form, trademark label, notarised Power of Attorney, company board resolution, industry certificate, and latest tax-clearance document. Foreign applicants use a Nepal-based representative and commonly provide additional notarised home-registration materials, depending on their filing basis.
A Power of Attorney authorises an agent to act for you before the DoI. For a company, the board resolution should clearly approve the trademark action. If you claim Paris Convention priority from an earlier foreign application, provide the certified filing material in English as required for that claim.
Prepare the mark consistently. If you apply for a logo, use the same artwork you expect to use on storefront boards, menus, delivery packaging, and promotional material. Material changes later can create unnecessary procedural issues. Our team can help you prepare a restaurant trademark registration filing; this article is general information, not legal advice.
How long does restaurant trademark registration take in Nepal?
An unopposed restaurant trademark application typically takes about 12–14 months from DoI filing to certificate in Nepal, while only the smoothest cases may finish in roughly 6–8 months. Examination workload, Bulletin scheduling, objections, and opposition proceedings can all extend the route.
File before a major launch where possible. You may use a mark while an application is pending, but do not present it as a registered mark or use the ® symbol before registration. Sec. 18B prohibits representing an unregistered mark as registered. “TM” can indicate a claim, but it is not a registration certificate.
What affects the cost of naming and protecting a food business?
Restaurant trademark costs depend mainly on the number of NICE classes, whether you file a wordmark or logo, document preparation, and any DoI objection or opposition. Because Nepal requires one application per class under Sec. 18A, a Class 43-only café usually has a simpler filing scope than a packaged-food brand.
There are government charges and professional charges. The total can rise where a foreign applicant needs local representation, a priority claim requires supporting documents, or an opposition needs evidence and hearing work. For a current class-based estimate, use the trademark fee calculator or ask our team through IP Sewa contact support.
What legal rights follow restaurant trademark registration?
A DoI registration gives the owner statutory trademark rights for the registered mark and listed class, beginning under Sec. 16 of the PDTA. It helps the owner challenge unauthorised use, oppose later conflicting filings, license the brand, and support expansion while the seven-year registration remains renewed.
Registration is not a licence to claim every food-related name. Protection is tied to the mark and the goods or services stated in the registration. Use the mark consistently and maintain quality control if you license it to another outlet. The Act also allows cancellation where a registered trademark is not put into use within one year of registration under Sec. 18C.
The DoI is both the registration authority and a quasi-judicial industrial-property body. You can consult the Department of Industry for official institutional information and the Nepal Law Commission for statutory materials. A dispute needs case-specific advice, particularly where earlier use, copying, or a pending opposition is involved.
What naming mistakes do restaurant owners commonly make?
The most common restaurant naming mistake is choosing a descriptive or crowded name, then discovering during DoI examination that it lacks distinction or conflicts with an earlier mark. Sec. 18 prevents registration of marks already registered to another owner or marks that damage another trademark’s goodwill.
| Common mistake | Why it creates risk | Better approach |
|---|---|---|
| Using “Kathmandu” plus a generic dish name | It may be weak, descriptive, or already crowded. | Add a distinctive invented or memorable element. |
| Searching only Google or social media | Earlier DoI marks may not appear in ordinary web results. | Search the DoI trademark record and similar variants. |
| Filing only Class 43 for packaged products | Restaurant services do not automatically cover retail food products. | Assess Class 30, 32, 35, or another relevant class. |
| Opening first and filing much later | A competitor may file first in Nepal. | Clear and file before investing heavily in branding. |
How should a growing restaurant protect its name, logo, and products?
A growing restaurant should first secure its core wordmark in NICE Class 43 through DoI registration, then add classes only for actual packaged-food, beverage, retail, or franchise plans. The PDTA permits the same mark in multiple classes, but Sec. 18A requires each class to be filed separately.
Imagine a Kathmandu restaurant called “Juneli Jhol Momo.” Its Class 43 filing protects restaurant service under that name. If it begins selling branded spice mix, bottled achar, or ready-to-cook momo packs, the owner should reassess product classes before nationwide distribution. If the brand has a distinctive moon-and-steam logo, filing that artwork can also be worth considering.
Do not assume that a wordmark automatically protects every changing logo, or that a logo filing automatically gives the same coverage for the plain name. The right approach depends on how customers identify the business. For restaurant chains, a written licence and consistent control over franchise outlets also matter.
What are the special rules for foreign restaurant brands in Nepal?
Foreign restaurant owners must file directly in Nepal through a Nepal-based agent because Nepal is not part of the Madrid System. A foreign registration does not automatically cover Nepal, though a qualifying Paris Convention priority claim may be available under Sec. 21B–21C of the PDTA.
Foreign applicants should assemble their Power of Attorney, board approval, label, and certified home-country materials early. Translation and certification needs can affect readiness. This also applies to overseas restaurant franchises entering Kathmandu, Pokhara, Chitwan, or other Nepali markets; national brand protection comes from the DoI filing, not an international portfolio alone.
In short, what is the safest way to name a restaurant in Nepal?
The safest route is to choose a distinctive name, search it against DoI records, file it early in NICE Class 43, and add only clearly relevant extra classes. DoI registration under the PDTA gives the restaurant brand protection Nepal businesses need, subject to examination, Bulletin opposition, registration, and renewal.
- Build a memorable name rather than a merely descriptive menu label.
- Search exact and similar restaurant names before launch.
- File Class 43 early because Nepal is first-to-file.
- Keep your certificate, use the mark consistently, and renew every seven years.
People also search for
These related Nepal guides explain name clearance, restaurant brand registration, class selection, and the difference between corporate and trademark rights under the DoI system.
- How to check trademark name availability in Nepal
- Trademark versus trade name and company name in Nepal
- How to protect a restaurant or café brand in Nepal
- NICE Class 43 for restaurants and hotels in Nepal
- Trademark registration for restaurants in Nepal
- Do you need both a domain name and a trademark?
Before you commit to menus, signboards, delivery packaging, or a franchise pitch, search existing Nepal trademarks, review the available IP Sewa filing services, and contact our team for restaurant trademark filing guidance.
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