Logo vs Brand: What Are You Really Protecting?

In Nepal, a logo and a brand are not the same thing under trademark law. The Department of Industry (DoI) registers trademarks under the Patent, Design and Trademark Act 1965, and one application covers only one element—either a wordmark (your brand name) or a figurative mark (your logo). To protect your full brand identity, you must file separate applications for each part you want to secure.

Key Takeaways

• Nepal’s trademark law protects registered marks only—rights follow the first valid application, not first use.
• A logo is a figurative mark; a brand name is a wordmark. Each requires its own application.
• One application covers one NICE class. A brand spanning goods and services needs multiple filings.
• The DoI publishes marks in the Industrial Property Bulletin, opening a 90-day opposition window.
• Registration lasts 7 years and is renewable indefinitely, but late renewal incurs a fine.

What does Nepal’s trademark law actually protect?

Nepal’s Patent, Design and Trademark Act 1965 defines a trademark as a word, symbol, picture, or combination used to distinguish products or services. Sec. 2(c) of the Act covers both wordmarks (your brand name) and figurative marks (your logo). However, the law treats them as separate elements—you must register each one individually to secure full protection.

Why register both a logo and a brand name?

If you register only your logo, competitors can legally use your brand name in plain text. If you register only your brand name, they can copy your logo design. Sec. 18 of the Act requires separate applications for each element. In practice, businesses file two applications—one for the wordmark and one for the figurative mark—to cover both.

Who needs to register a logo and brand separately?

Any business that uses a distinct name and logo should register both. This includes startups, cafés, clothing brands, and fintech companies. The Department of Industry treats each application independently, so you’ll need separate filings even if the logo and name appear together in your branding.

Which NICE classes apply to logos and brand names?

The NICE Classification splits trademarks into 45 classes—34 for goods and 11 for services. A logo or brand name for a café files under Class 43 (services), while a clothing brand files under Class 25 (goods). One application covers one class, so a brand spanning multiple categories needs multiple filings.

How do you register a logo and brand name in Nepal?

Registering both elements follows the same five-step process at the Department of Industry. You’ll file two separate applications—one for the wordmark and one for the figurative mark—each in the relevant NICE class. The DoI examines each application independently, publishes them in the Industrial Property Bulletin, and issues separate certificates if approved.

1. File the application: Submit two applications—one for the brand name (wordmark) and one for the logo (figurative mark). Each application covers one NICE class. Use the NICE class finder to confirm the right class for your goods or services.
2. DoI examination: The Department of Industry reviews each application for conflicts with existing marks. If they find a similarity, they’ll issue an objection. You’ll have a chance to respond before they make a final decision.
3. Publication in the Bulletin: If the DoI approves your application, they’ll publish it in the Industrial Property Bulletin. This opens a 90-day opposition window where third parties can challenge your mark.
4. Opposition period: If no one opposes your mark within 90 days, the DoI moves forward with registration. If someone does oppose it, you’ll need to respond through the DoI’s quasi-judicial process.
5. Registration and certificate: Once unopposed, you pay the registration fee and receive your certificate. Each application results in a separate certificate—one for the brand name and one for the logo.

What documents do you need to register a logo and brand name?

The Department of Industry requires the same documents for both wordmarks and figurative marks. You’ll need to submit four specimens of the mark, a notarised Power of Attorney, and a board resolution if you’re filing as a company. Foreign applicants must also provide a certified copy of their home registration certificate.

How long does it take to register a logo and brand name?

Registering both a logo and a brand name typically takes 12–14 months in Nepal when unopposed. The Department of Industry’s examination phase alone can take 6–8 months, and the 90-day opposition window adds another three months. If your application faces objections or oppositions, the process can extend beyond 14 months.

What drives the cost of registering a logo and brand?

The cost depends on how many NICE classes you file in and whether you use a professional agent. Each application—one for the logo and one for the brand name—incurs separate government fees. If your brand spans multiple classes, you’ll pay additional fees for each extra class. Use the fee calculator to estimate your total cost.

What’s the legal basis for protecting logos and brand names?

Nepal’s Patent, Design and Trademark Act 1965 provides the legal framework for trademark protection. Sec. 16 grants exclusive rights to registered marks, while Sec. 18 outlines the registration process. The Act follows a first-to-file system, meaning rights go to the first valid applicant, not the first user. Nepal is also a signatory to the Paris Convention and TRIPS, which influence how foreign marks are treated.

What are common mistakes when registering logos and brands?

A common mistake is assuming one application covers both a logo and brand name. Another is filing in the wrong NICE class, which can lead to rejection. Some businesses also overlook the 90-day opposition window, leaving their mark vulnerable to challenges. Always conduct a conflict check before filing to avoid these issues.

Can you give a concrete Nepal example?

Imagine a Kathmandu-based café called "Himalayan Brews" with a distinctive mountain-shaped logo. To protect its full brand, the café files two applications: one for the wordmark "Himalayan Brews" in Class 43 (services) and one for the figurative mark (the logo) in the same class. If the café also sells branded coffee beans, it would need a third application in Class 30 (goods). Each application follows the same DoI process and results in a separate registration certificate.

Are there alternatives to registering both a logo and brand name?

If budget is tight, you can register just the wordmark first, as it’s often the most critical part of your brand. However, this leaves your logo unprotected. Another option is to register a combined mark—a single application that includes both the word and the logo—but this limits your flexibility if you later want to update the design. For full protection, separate filings are the safest choice.

In short, a logo and a brand name are two distinct elements under Nepal’s trademark law. Registering both gives you full control over your brand identity and prevents competitors from copying either part. The process takes 12–14 months, requires separate applications, and follows the first-to-file rule. Use the NICE class finder to pick the right class, and always check for conflicts before filing.

• How to register a trademark in Nepal
• How to choose the right trademark class in Nepal
• What is NICE classification? Trademark classes explained
• Brand registration in Nepal: a step-by-step guide
• Logo registration in Nepal: what you need to know
• How to protect your clothing or fashion brand in Nepal
• What to do if someone opposes your trademark in Nepal
• How to renew your trademark in Nepal

Ready to protect your brand? Start with a trademark search to check for conflicts, or contact us for help filing your applications. Use our AI NICE classifier to find the right class for your goods or services.