To register a trademark for an online business in Nepal, you file an application with the Department of Industry (DoI) under the Patent, Design and Trade Mark Act 1965. The DoI examines your mark, publishes it in the Industrial Property Bulletin, and after a 90-day opposition window, issues a registration certificate valid for seven years.
Key Takeaways
- Nepal follows first-to-file — the first valid application wins, not the first user.
- Your online brand name, logo, tagline, and even a unique domain name can be trademarked.
- One application covers one NICE class only; an online business often needs two or more.
- The process takes roughly 12–14 months from filing to certificate in a typical, unopposed case.
- Registration lasts 7 years and is renewable indefinitely for further 7-year terms.
- Nepal is not in the Madrid System — foreign online businesses must file through a local agent.
- A registered mark gives you the exclusive legal right to stop copycats on marketplaces and social media.
What counts as a trademark for an online business in Nepal?
Under the Act, a trademark is any word, symbol, picture, or combination that distinguishes your goods or services from others. For an online business, this can include your brand name, logo, app icon, a distinctive tagline, or even a unique product packaging design shown on your website. The key is that the mark must identify your digital business as the source of the goods or services, not just describe them.
Why should an online business register its trademark in Nepal?
Registration gives you exclusive legal ownership under Sec. 16 of the Act — without it, you cannot stop a competitor from using a confusingly similar name on an Instagram shop, a Daraz store, or a .com.np domain. A registered mark also lets you enforce your rights through the DoI's quasi-judicial process and makes it far easier to get copycat listings taken down from online marketplaces.
Which NICE classes does an online business need?
Nepal uses the 45-class NICE Classification. Since one application covers one class, an online business often files in two or more. Class 35 covers retail and online marketplace services — this is the core class for any e-commerce operation. If you sell your own branded physical goods, you also need the relevant goods class, like Class 25 for clothing or Class 9 for software. Class 42 can protect a SaaS platform or web-development service.
How do you register a trademark for an online business in Nepal?
The process follows Sec. 17–21A of the Act and starts with a DoI trademark search to check for conflicting marks. If the search is clear, you file a formal application with four specimens of the mark. The Department examines it, may raise objections, and if satisfied, publishes it in the Industrial Property Bulletin for a 90-day public opposition period. If no one opposes, you pay the registration fee and receive the certificate.
- Search the trademark database. Before you invest in packaging or a domain name, run a search for identical or similar marks already registered in your target classes. You can use our trademark search tool to check the DoI records.
- Identify your NICE class(es). Map every product and service your online business sells. A handmade jewellery store on Instagram likely needs Class 14 for the jewellery itself and Class 35 for the online retail service. Our NICE class finder helps you pick correctly.
- Prepare the documents. Gather your notarised Power of Attorney, company board resolution, trademark label, and industry registration certificate. Foreign applicants also need a notarised copy of their home registration certificate.
- File the application with the DoI. Submit the Schedule 1(c) form along with four specimens of the mark. At this stage you pay the application fee.
- Respond to examination objections. If the DoI examiner finds your mark too similar to an existing one or lacking distinctiveness, you will get a chance to argue your case. A common objection for online businesses is that a mark is descriptive — "Best Online Shoes" would likely fail.
- Publication and opposition. Once cleared, your mark is published in the Industrial Property Bulletin. The law gives any third party 90 days to file an opposition with the DoI's Law Division.
- Receive the registration certificate. If no opposition is filed — or if an opposition is resolved in your favour — you pay the registration fee and the DoI issues your Schedule 2(c) certificate, valid for seven years.
What documents does an online business need to file?
A Nepal-registered online company must submit an application form, a notarised Power of Attorney signed by the applicant and attested by two witnesses, a board resolution authorising the trademark filing, four clear specimens of the mark, and a copy of the company's industry registration certificate along with the latest tax clearance letter. Foreign online businesses add a notarised copy of their home trademark certificate to this list.
How long does registration take for an online business?
In practice, a straightforward and unopposed online-business trademark registration in Nepal takes about 12–14 months from filing to certificate. A very clean case with no examiner objections and no opposition can sometimes finish in 6–8 months, but you should plan for the longer timeline. The examination and publication stages consume the bulk of the time.
What drives the cost of registering an online business trademark?
The total cost has two components: government fees set by the DoI and professional service fees. Because Nepal requires one application per class, a business operating in two classes pays separate government fees for each class. Additional factors include the complexity of the mark, whether the DoI raises objections that need a legal response, and whether a third party files an opposition. For a current per-class estimate, use our trademark fee calculator.
| Factor | How it affects cost |
|---|---|
| Number of NICE classes | Each class requires a separate application and attracts its own government fee. |
| Domestic vs foreign applicant | Foreign applicants pay higher government fees and must engage a Nepal-based agent. |
| Examiner objections | Responding to a similarity or descriptiveness objection adds professional time. |
| Third-party opposition | If someone opposes within the 90-day window, the hearing process increases costs significantly. |
| Mark type | A plain word mark is simpler; a complex logo or device mark may require more detailed specimen preparation. |
What are the legal rights a registered online-business trademark gives you?
Under Sec. 16 of the Act, registration gives you the exclusive right to use the mark on the goods and services listed in your application. No one else can use an identical or deceptively similar mark for the same or similar offerings without your written permission under Sec. 21D. The DoI acts as a quasi-judicial body that can hear complaints and issue orders against infringers. You also gain a strong foundation for asking online platforms to remove counterfeit listings.
Common mistakes online businesses make with trademarks in Nepal
A mistake we see frequently is filing only the logo and forgetting to also register the brand name as a plain word mark. A logo registration protects the exact design — but if a competitor uses your brand name in a different font, you may struggle to stop them. Another error is delaying registration while building a following; Nepal is first-to-file, so someone else can register your brand name before you do. Registering in the wrong class is equally common — an online food-delivery platform that files only in Class 43 misses the software-platform protection of Class 42. Finally, many founders assume a registered company name at the Office of the Company Registrar protects the brand — it does not. Only a DoI trademark registration gives you exclusive brand rights.
A real-world example: "Himalayan Hemp Store" goes online
Imagine a Kathmandu-based business called "Himalayan Hemp Store" selling hemp-fibre bags and clothing through its own website and on Daraz. To fully protect the brand, the owner files a word mark for "Himalayan Hemp Store" in Class 25 for the clothing, Class 18 for the bags, and Class 35 for the online retail service. That is three separate applications, each examined and published independently. A year later, when a competitor opens "Himalayan Hemp Nepal" on Instagram selling similar bags, the registered mark gives the owner the legal standing to demand the DoI take action. Without registration, that demand would carry far less weight.
How IP Sewa can help your online business
Our team can handle your trademark search, guide you on the right NICE classes, prepare and file your application with the DoI, and help you respond to any examiner objections. If someone opposes your mark or if you need to renew it after seven years, we can assist with those steps too. Start by running a free trademark search to see if your brand name is available, or get in touch to discuss your online business's filing strategy. If you are still unsure which classes to pick, try our AI NICE classifier for a quick recommendation.
In short, an online business in Nepal protects its brand by filing a trademark application with the Department of Industry under the Patent, Design and Trade Mark Act 1965, selecting the right NICE classes, and completing the publication and opposition process to secure a seven-year registration certificate. The first-to-file system makes early registration essential, especially when your storefront is visible to the entire internet.
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Ready to secure your online brand? Search the trademark database now or speak with our team about your filing — we will walk you through every step.
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