To protect your business name in Nepal, register your legal entity with the Office of the Company Registrar and file the name as a trademark with the Department of Industry under the Patent, Design and Trademark Act 1965. Nepal is first-to-file, and typical trademark registration takes about 12–14 months when unopposed.
Key Takeaways
Business name protection in Nepal requires two separate registrations: one for your legal entity and another for your brand. The Office of the Company Registrar (OCR) supports lawful trading, while the Department of Industry (DoI) trademark register protects your name in selected NICE classes for a renewable seven-year term.
- Company or firm registration lets you operate under a legal name, but it does not create trademark ownership.
- A DoI trademark application protects a distinctive business name, wordmark, logo or combination used for goods or services.
- Nepal follows first-to-file rules, so an earlier valid application can defeat a later claim based only on use.
- Each trademark application covers one NICE class; businesses offering different goods or services may need several applications.
- The DoI examines the mark, publishes it in the Industrial Property Bulletin and opens a 90-day opposition window.
- Use the mark after registration, keep evidence of commercial use and renew the registration every seven years.
Does company registration protect a business name in Nepal?
Company registration protects your legal identity, not the full commercial brand. The OCR records a company name so the entity can conduct business, sign contracts and maintain its corporate records. A trademark registered by the DoI protects the distinctive name customers see on products, menus, packaging, websites or services.
This distinction matters for a Kathmandu café, a software startup or a packaged-food seller. A company called “Himalayan Spoon” might be accepted by the OCR, while another business could still use a similar phrase as a restaurant brand unless the trademark position is separately addressed. Entity registration and brand registration solve different problems.
What is the difference between an OCR name and a DoI trademark?
An OCR name identifies a company or registered business, while a DoI trademark distinguishes particular goods or services from competitors. The OCR and DoI apply different checks and create different rights. This comparison shows why business name registration alone is not company name protection or trademark ownership.
| Question | OCR company or firm name | DoI trademark |
|---|---|---|
| Purpose | Identifies the legal business | Identifies the brand in commerce |
| Authority | Office of the Company Registrar | Department of Industry |
| Coverage | The entity and its official records | Listed goods or services in a NICE class |
| Logo protection | Not by itself | Possible when the logo is filed as the mark |
| Copycat brand remedy | Limited; it does not itself grant trademark rights | Registration supports action against unauthorised confusing use |
| Duration | Depends on the entity remaining registered | Seven years, renewable for further seven-year terms |
DoI trademark protection is also narrower in one useful sense: it is tied to the goods or services covered by the application. A registered mark for clothing does not automatically cover restaurant services, software or dairy products. Plan the filing around how you earn money now and what you genuinely expect to launch.
Which NICE classes should cover your business name?
The NICE Classification divides goods and services into 45 classes, and Nepal requires a separate application for each class. Classes 1–34 cover goods, while Classes 35–45 cover services. Choose classes from your actual commercial activities, not every possible business idea, because the application must describe the goods or services clearly.
Common examples include Class 35 for retail, advertising and business services; Class 42 for software, technology and design services; Class 43 for restaurants, cafés and temporary accommodation; and Class 41 for education and training. Class 25 commonly covers clothing, while Class 30 may cover many prepared foods, bakery products and spices.
A food brand can therefore need different filings for packaged products, a shop and a café service. Use the NICE class finder or search goods and services before deciding. If the name spans several real business lines, separate applications are usually the safer structure.
How do you register a business name as a trademark in Nepal?
You register the business name by filing an application with the DoI, completing examination, publication and opposition, then obtaining the certificate. The process follows the Patent, Design and Trademark Act 1965 and usually takes about 12–14 months from filing to certificate where no opposition or prolonged examination issue arises.
- Search the names. Search the DoI record for exact, phonetic and meaning-based similarities. Search the OCR separately for the proposed entity name.
- Choose the mark. Decide whether to file a word mark, a logo, or both. A word mark can protect the wording in its filed presentation; a logo filing protects the submitted visual combination.
- Select the NICE class. List the goods or services you will genuinely provide. File a separate application for each class required.
- Prepare and file. Submit the prescribed application, mark label or specimens, power of attorney where required, and supporting business documents to the DoI.
- Answer examination. The DoI checks similarity and other legal grounds. Respond carefully if it raises an objection or asks for clarification.
- Follow publication. A qualified mark appears in the Industrial Property Bulletin. Any person may oppose within the 90-day window.
- Complete registration. If the matter proceeds without a successful opposition, complete the registration stage and receive the registration certificate.
Our team can help with clearance, class selection, filing and examination responses through trademark registration support in Nepal. Filing first is especially important because Nepal does not belong to the Madrid System. A foreign owner must file directly through a Nepal-based agent or representative, although a Paris Convention priority claim may be available.
What documents are needed for business name trademark registration?
Trademark documents normally include the application form, the mark label or specimens, applicant identity and business records, and an authorised power of attorney where an agent files. Domestic companies may also need a board resolution, industry certificate and latest tax-clearance document, subject to the DoI’s filing practice.
Prepare a clear version of the name and logo before filing. Keep the applicant name consistent across the form, company records and authorisation. A foreign applicant generally needs an English copy of its home trademark registration certificate and priority filing evidence when claiming priority. Documents may need notarisation, certification, translation or witness attestation.
Do not assume a company certificate substitutes for the trademark label. The DoI protects what is filed and described. If the visual mark changes later, ask about a new application or appropriate amendment before using the revised design widely.
How long does company name protection take in Nepal?
OCR entity registration and DoI trademark registration are separate timelines. The trademark route typically takes 12–14 months end to end when unopposed; six to eight months is possible only in the smoothest straightforward cases. Examination questions, document gaps, publication timing and opposition can extend the period.
Your practical protection plan should begin before launch. Search first, reserve the business identity through the proper entity process, and file the trademark without waiting for years of market use. Keep the filing acknowledgment and application number. Those records help establish the date on which your first-to-file application entered the system.
What determines the cost of protecting a business name?
The total cost depends on the number of NICE classes, government filing and registration charges, document preparation, translations, notarisation and professional assistance. Nepal’s one-class-per-application rule is the main cost driver. Government and professional fees are separate, so request a current calculation before filing.
A single distinctive name used only for restaurant services has a different filing scope from a brand used for packaged food, retail and software. Avoid filing broad descriptions merely to appear protected everywhere. For a current estimate, use the IP Sewa tools and fee calculator, then send unusual or commercial questions to our team.
What legal rights does a registered business-name trademark provide?
The Patent, Design and Trademark Act 1965 gives the registration framework. Under Sec. 16–18, trademark rights arise through registration, subject to the Act and the DoI’s examination. Sec. 18A applies class-based filing, Sec. 21A covers publication and opposition, and Sec. 18D and Sec. 23B address the seven-year term and renewal.
The DoI may refuse a mark that is already registered, damages another mark’s goodwill, harms public morality or conduct, affects national interest, or otherwise falls within the statutory refusal grounds. A registered mark should be used in the business it covers. Non-use can create cancellation risk under the Act.
You can read the official Nepal law resources and review current administrative information from the Department of Industry. This article is practical information, not legal advice on a disputed mark.
What mistakes weaken company name protection in Nepal?
Common mistakes include relying on OCR registration, filing only after a public launch, choosing the wrong NICE class, searching only exact spellings, and treating a logo as protection for every version of the name. Missing an examination response, opposition deadline or renewal date can also leave a valuable trade name exposed.
- Launching before searching: publicity can attract an earlier filer and make rebranding expensive.
- Using a descriptive name: weak or common wording may face refusal or provide narrow practical protection.
- Filing the wrong applicant: decide whether the owner is an individual, company or foreign entity before submission.
- Assuming registration is global: Nepal has no Madrid System membership. A foreign registration does not automatically cover Nepal.
- Ignoring the Bulletin: a similar published application may require opposition within 90 days.
- Forgetting renewal: a trademark lasts seven years and must be renewed for continued protection.
What does business name protection look like in practice?
Imagine a Nepali food startup called “Terai Crunch” selling packaged snacks, operating a small shop and planning a delivery app. It should search the trademark record, check its entity name, then assess separate classes for packaged goods, retail services and software before filing the name or logo.
The founders should keep invoices, packaging proofs, advertisements and online use records. If another applicant publishes a similar snack mark, they can assess opposition during the 90-day period. If the startup later expands into café services, it should review whether an additional class and application are needed.
This example is hypothetical, but the planning issue is common. Brand protection follows the commercial use you can explain, not an unlimited claim to a word across every industry.
What alternatives or edge cases should business owners consider?
Trademark registration is the main route for a distinctive trade name, but it is not the only protection question. A logo may need its own filing strategy, a product appearance may call for industrial-design registration, and confidential recipes or methods require controlled access rather than public trademark filing.
If another business already uses a similar name, do not assume your incorporation certificate settles the dispute. Gather evidence, compare the goods or services and obtain advice before sending demands. A registered owner may use opposition or enforcement procedures through the DoI. IP Sewa’s team can help with trademark opposition and enforcement, but it does not provide an automated public Bulletin alert product.
Foreign owners should appoint a Nepal-based representative for direct national filing. Paris Convention priority may help in a qualifying case, but Nepal is not part of the Madrid System, PCT or Hague System. The correct route depends on the right involved and the facts of your application.
What should you do now to protect your business name?
Start with a clearance search, then align your legal entity, trademark owner, commercial name and selected classes. File before substantial publicity, keep the application record, watch the Industrial Property Bulletin and plan renewal. A company name helps you trade; a registered mark helps you defend the name customers remember.
- In short: complete OCR or firm registration for lawful operation.
- Search existing marks and choose the correct NICE class or classes.
- File a wordmark, logo or both with the DoI.
- Respond to examination and assess any Bulletin opposition within 90 days.
- Use the registered mark, preserve evidence and renew every seven years.
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Ready to act? Search Nepal’s trademark database, review the relevant trademark registration service, and contact our team through IP Sewa’s contact page for filing or case-specific guidance.
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