Rebranding your business while keeping your trademark rights intact in Nepal requires filing a fresh application with the Department of Industry (DoI) for any new name, logo, or mark — your old registration does not automatically stretch to cover a changed brand identity under the Patent, Design and Trademark Act 1965.
Key Takeaways
- In Nepal, trademark rights are tied to the exact mark you registered — a rebrand demands a new application with the DoI.
- Simply updating your shop sign or packaging does not extend your existing registration to the new brand identity.
- You can keep your old registration alive while the new one is pending, maintaining continuous protection for your legacy mark.
- If your rebrand expands into new goods or services, you'll likely need additional NICE classes — each requiring a separate application.
- The 90-day opposition window applies to your new application just as it did to your original one.
- A common and costly mistake: letting the old registration lapse before the new certificate is issued, creating a gap in protection.
What does "rebranding" actually change for your trademark rights in Nepal?
A trademark registration in Nepal protects a specific mark — the exact word, logo, or combination you filed with the DoI. When you rebrand, you are changing that mark. Under Nepal's first-to-file system, the DoI treats your new brand identity as a fresh mark that needs its own application. Your existing Schedule 2(c) registration certificate covers only what was originally published in the Industrial Property Bulletin, not your updated look or name. That means rebranding without filing creates a protection gap — the old registration stays valid for the old mark, but your new brand sits exposed.
Why can't you just update your existing trademark registration?
The Patent, Design and Trademark Act 1965 does not allow you to materially alter a registered mark through an amendment. You can correct clerical errors or update an address, but you cannot change the core identity of the mark — its words, design, or overall commercial impression. If your rebrand involves a new business name, a redesigned logo, or a different wordmark, the DoI requires a separate application. This is consistent with the NICE Classification system and the principle that a registration gives rights only to the mark as filed. Thinking of it as "updating" a registration is the single biggest misconception we encounter from business owners.
Who needs to worry about trademark rights during a rebrand?
Any business in Nepal that has a registered trade mark and is planning to change its brand name, logo, tagline, packaging, or shop signage should treat the rebrand as a trademark event. This applies to restaurants switching names, clothing brands modernising their logo, software firms renaming a product, and manufacturers updating label designs. Even if your business registration with the Office of the Company Registrar stays the same, the DoI cares only about the mark you actually use in commerce. If that mark changes, your trademark strategy must change with it. Foreign brand owners filing through a Nepal-based agent face the same requirement — a rebrand launched internationally needs a separate Nepali application to be protected here.
Which NICE classes survive a rebrand, and which ones need fresh thinking?
A rebrand is the right moment to review whether your existing NICE classes still cover everything you actually sell. Many businesses have expanded since their original filing — a bakery that now sells packaged snacks may need Class 30 alongside its original Class 43 for café services. In Nepal, one application covers one class, so you'll file a separate application for each class your rebranded mark will operate in. Your existing registration's classes don't automatically carry over to the new mark. You can, and often should, keep the old registration live for its original classes while the new application proceeds — especially if the legacy mark still appears on older inventory, signage, or documents.
How do you rebrand without losing your trademark rights — step by step
The safest rebrand follows a deliberate, register-before-you-relaunch sequence. Rushing to launch the new look without securing the application first is the mistake that costs businesses their priority date and leaves the new brand exposed during the 12–14 months it takes to get a registration certificate. Here is the sequence we recommend to every client planning a rebrand in Nepal:
- Audit what you already own. List every registered mark, its NICE classes, renewal dates, and the exact wordmark or logo on file with the DoI. Check your certificates against what you actually use today.
- Search the new mark before you commit. Use the DoI trademark database — accessible through the trademark search tool — to check whether your proposed new name or logo conflicts with an existing registered mark in your class. A rebrand is wasted if it infringes someone else's rights.
- Identify the right NICE classes. Use the NICE class finder to confirm which classes your rebranded goods or services fall into. Don't assume your old classes are enough — your business may have grown.
- File the new application before the public launch. Submit a fresh Schedule 1(c) application with four specimens of the new mark to the DoI. The filing date becomes your priority date under the first-to-file rule. This is the step that locks in your rebrand's legal protection.
- Keep the old registration live. Do not let the legacy mark lapse while the new application is pending. Continue renewing it every 7 years. The old registration protects your back catalogue, legacy packaging, and goodwill during the transition.
- Respond to any DoI examination queries. If the examiner raises an objection — for similarity to an existing mark, for instance — reply promptly. The new mark must survive examination on its own merits, just like any fresh application.
- Survive the 90-day opposition window. Once published in the Industrial Property Bulletin, third parties have 90 days to oppose. If unopposed and all fees are paid, the DoI issues your new registration certificate under Sec. 21A of the PDTA.
- Retire the old registration only after the new certificate is in hand. Once the new mark is registered, you can choose to let the old one expire naturally at its next renewal date — or keep both alive if the legacy mark still has commercial value.
What documents does a rebrand-triggered trademark application need?
The documentation package for your rebrand application is the same as any fresh trademark filing. For a domestic applicant, you'll need the application form, a notarised Power of Attorney signed by the applicant and attested by two witnesses, a board resolution from the company, four labels or specimens of the new mark, your industry registration certificate, and the latest tax clearance letter. Foreign applicants must additionally supply a notarised copy of the home registration certificate in English. If your company name has changed as part of the rebrand, make sure the applicant details on the new filing match the legal entity that owns the business — inconsistencies between the OCR record and your DoI application can cause delays.
How long does a rebrand take to get registered?
Your rebranded mark follows the same DoI timeline as any new trademark application — typically 12 to 14 months from filing to certificate when the process is unopposed. In the most favourable cases, where the examination is smooth and no opposition is filed, you might see a certificate in 6 to 8 months, but that is the exception, not the norm. Plan your rebrand launch with this timeline in mind. The key insight: your priority date is the day you file, not the day you receive the certificate. Filing early secures your place in line even if the full registration takes over a year. If you launch publicly before filing, you hand a competitor the opportunity to file first and claim the mark.
What does a rebrand cost in terms of trademark filings?
Because Nepal requires a fresh application for a rebranded mark, you are looking at the same cost structure as a new trademark registration — government fees per class plus professional fees for preparation and filing. If your rebrand spans multiple NICE classes, you multiply by the number of classes, since each class needs its own application. There may also be costs for a trademark search, for any examination responses, and for keeping your old registration renewed until the new one is secured. The total depends on how many classes you file in and how complex your mark is. For a current estimate tailored to your rebrand, use the trademark fee calculator or reach out through our contact page.
What does the law actually say about changing a registered mark?
The Patent, Design and Trademark Act 1965 grants rights to a mark only as registered — Sec. 16(1) ties title to the registration itself. The Act allows amendments under Sec. 21, but the DoI interprets this narrowly: clerical fixes, address changes, and recordal of assignments are permitted, but a material change to the mark's identity requires a new filing. Separately, Sec. 18C says the DoI may cancel a registration if the mark is not put into use within one year — which means your old mark must continue to appear on goods or services in commerce to stay enforceable. Nepal's obligations under the Paris Convention and TRIPS reinforce the independence of each national registration, so a rebrand registered abroad does not automatically protect you here. For the statutory text, consult the Nepal Law Commission or the official Department of Industry portal.
What are the most common mistakes business owners make when rebranding?
We see the same expensive errors repeat across industries. The most frequent: launching the new brand publicly before filing the DoI application, which surrenders the first-to-file advantage and invites a competitor or squatter to claim the mark. Another is letting the old registration expire while the new one is still under examination, creating a gap where no mark is protected. Some owners assume that registering a new company name with the Office of the Company Registrar automatically protects the brand — it does not; company registration and trademark registration are entirely separate legal processes. Others file in the wrong NICE class because the rebranded product sits in a different category from the original. And we often see businesses fail to search the new mark before investing in signage, packaging, and marketing — only to discover a conflict that forces a second rebrand. If you are unsure about any step, our team can help you file correctly — reach us through our trademark registration service.
A realistic Nepal rebrand example
Imagine a well-known momo chain in Kathmandu, "Himalayan Plate," registered in Class 43 for restaurant services. The owners decide to modernise: a shorter name — "Hima" — and a new minimalist logo. They also start selling branded chilli sauce in supermarkets, which falls under Class 30. Here is what they need to do: (1) search "Hima" in the trademark database for both Class 43 and Class 30; (2) file one application for "Hima" (wordmark) in Class 43 and a separate application in Class 30; (3) continue renewing "Himalayan Plate" while both new applications are pending; (4) once the Class 43 certificate for "Hima" is issued, they can rebrand the restaurants fully and decide whether to let "Himalayan Plate" lapse; (5) the Class 30 certificate protects their sauce brand. This approach keeps their rights continuous and covers their expanded business.
| Scenario | Action Required | Risk if Ignored |
|---|---|---|
| New brand name only | File a new wordmark application | New name has zero protection; anyone can copy it |
| Logo redesign, name unchanged | File a new logo/device mark application | Old registration protects the name but not the new visual identity |
| Adding new product categories | File new application(s) in the additional NICE classes | New products fall outside your existing registration's scope |
| Minor refresh, same commercial impression | Seek a professional opinion; may not need new filing | If DoI considers it a material change, protection is at risk |
| Company name change (legal entity) | File a recordal amendment for the old mark + new application for the rebrand | Mismatch between registrant name and mark ownership creates enforcement problems |
What if you're only refreshing the logo slightly — not a full rebrand?
This is a grey area that depends on whether the DoI examiner considers the new logo "materially different" from the registered one. If the overall commercial impression stays the same — same name, similar colour scheme, a cleaned-up version of the same design — you may not need a new filing. But the safer path is to file a fresh application for the updated logo anyway. The cost of a new application is modest compared to the cost of discovering, during an infringement dispute, that your old registration doesn't cover the logo you are actually using. If in doubt, our team can review your old and new marks side by side — just reach out through the contact page.
Can you assign your old registration to a new entity during a rebrand?
Yes, but understand the distinction. If your rebrand also involves restructuring — say, transferring the business to a new private limited company — you need a trademark assignment recorded with the DoI, separate from your rebrand application. The DoI can record a transfer of ownership under the PDTA, and the assignment fee is a government cost you should budget for. The assignment covers your existing mark; the rebranded mark needs its own fresh application filed in the new entity's name. This<<>> excerpt: Restaurants in Nepal must register their brand name and logo as a trademark with the Department of Industry to gain exclusive rights under the first-to-file system, a process that takes about 12–14 months. meta_title: Restaurant Trademark Registration in Nepal | IP Sewa meta_description: Protect your restaurant's name and logo in Nepal. Learn the step-by-step process, which NICE classes apply, and how to register your brand with the Department of Industry. meta_keywords: restaurant trademark Nepal, food business brand registration, cafe logo registration Nepal, NICE class 43 Nepal, trademark for eatery tags: trademark, restaurants, nice classes, food business, brand protection <<
>Restaurant owners in Nepal register their brand name and logo as a trademark by filing an application with the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. The process takes roughly 12–14 months from filing to certificate, granting seven years of exclusive, renewable rights in NICE Class 43.
Key Takeaways
- Nepal follows a first-to-file system — the first valid application secures the rights, not the first person to use the name in business.
- A restaurant trademark in Nepal must be filed in NICE Class 43 for core services, with possible extra classes for packaged goods, delivery apps, or merchandise.
- One application protects one mark in one class; a brand spanning multiple classes needs separate applications for each.
- The DoI publishes accepted marks in the Industrial Property Bulletin, triggering a 90-day opposition window before final registration.
- Once registered, the mark is valid for seven years and can be renewed indefinitely in seven-year blocks by paying the renewal fee before expiry.
- No pricing or government fees are listed here — use the Fee Calculator on our tools page for a current estimate based on your class count.
- Foreign restaurant chains must file through a local agent or representative, as Nepal is not a member of the Madrid System for international trademark filing.
What exactly is a restaurant trademark in Nepal?
A restaurant trademark is a legally protected sign that distinguishes your eatery's services from others in the market. Under the Patent, Design and Trademark Act 1965 (PDTA), a mark can be a name, a logo, a slogan, or a combination of these. Think of "Bajeko Sekuwa" or a distinctive café logo — once registered, no other restaurant can use a confusingly similar name for the same type of food service. The mark appears with the ® symbol, signalling exclusive ownership and letting you take legal action against copycats through the Department of Industry.
Why should a restaurant owner register a trademark?
Registration converts your business goodwill into a formal, enforceable asset you can sell, license, or use as collateral. Without it, you rely on common-law passing-off claims, which are far harder to prove in Nepal. A registered mark deters name-theft — a common problem where a popular momo chain's name gets copied in another district. It also unlocks enforcement tools under Sec. 21–24 of the PDTA. Since Nepal operates a strict first-to-file system, waiting until your restaurant is famous is a gamble; someone else could register the name first, and you'd have to rebrand or buy it back, often at a high cost.
Which NICE class applies to a restaurant's trademark?
Restaurants fall squarely in NICE Class 43, which covers "services for providing food and drink" as well as temporary accommodation. That includes dine-in restaurants, cafés, takeaway counters, cloud kitchens, and food trucks. If your restaurant also sells packaged foods under its own label — say bottled chutney, branded coffee beans, or frozen momo packs — you'll likely need a separate application in Class 30 (staple foods and confectionery) or Class 29 (meat, dairy, and processed foods). A delivery-only brand may also want protection for its app's downloadable software in Class 9 if it's a core part of the offering. The table below maps the key classes.
How to register a restaurant trademark in Nepal: the process
Registration follows a fixed sequence set by the DoI under the PDTA. The whole process typically takes 12–14 months if no opposition is filed. A straightforward case where the mark is clearly distinctive and no third party objects can finish closer to 6–8 months, but don't budget for that as the norm. Here are the five concrete steps your application goes through.
- Search the trademark database first. Use the IP Sewa trademark search tool to check if an identical or confusingly similar name or logo already exists in Class 43 or related classes. A clear search report saves you from filing a doomed application.
- Prepare and file the application. Submit the prescribed form to the Department of Industry with a representation of the mark — a JPEG of the logo or a typed version of the wordmark — a list of the services covered, and a power of attorney if a local agent is filing for you.
- DoI formality check and examination. The examiner reviews your application to ensure it isn't generic, deceptive, or identical to a prior registered mark. They'll issue an office action if something is missing, to which you must respond.
- Publication and 90-day opposition. Once accepted, the mark is published in the Industrial Property Bulletin. Any third party who believes your registration would damage their rights has 90 days to file an opposition with the DoI.
- Registration and certificate issuance. If no opposition is filed — or after you successfully defend one — the DoI registers the mark and issues the certificate. Your seven-year term begins on the registration date.
What documents do you need to file a restaurant trademark?
The documentation required is fairly light for a Nepali business, though foreign applicants must provide additional proof. You'll need a completed application form (available from the DoI), a clear digital or physical representation of the mark, a description of the services (for Class 43, something like "restaurant and catering services"), and a notarised power of attorney if a representative is filing on your behalf. If the applicant is a company registered outside Nepal, you must also submit a certified copy of the certificate of incorporation or business registration from the home jurisdiction. An individual applicant in Nepal typically needs only citizenship or firm-registration details.
How long does a restaurant trademark last, and how do you renew it?
A registered trademark in Nepal is valid for seven years from the date of registration. After that, you must renew it by paying the renewal fee and filing the prescribed form with the DoI. Each renewal extends protection for a further seven-year block, and there's no limit on how many times you can renew. The DoI does not send automatic reminders, so it's on you to track the expiry date. If you let the term lapse without renewing, the mark gets removed from the register, and anyone else can claim it — a harsh outcome we've seen with older heritage eateries that forgot to renew. Our team can help you track this deadline if you contact us.
What does it cost to trademark a restaurant name in Nepal?
The total cost of registering a trademark for your restaurant depends on three things: the number of classes you file in, whether you engage a professional representative, and whether any office actions or oppositions arise and need a response. The government fees are structured on a per-class basis, so a brand filing in Class 43 and Class 30 will pay twice the base filing fee. Professional fees vary by complexity — a straightforward wordmark application takes less work than a combined logo-and-slogan mark with a detailed description of services. For a current estimate personalised to your filing, use our Fee Calculator or get in touch, and we'll give you a breakdown based on your exact scope.
What legal rights does a registered mark give a restaurant under the PDTA?
Sec. 21–24 of the Patent, Design and Trademark Act 1965 grant the registered proprietor the exclusive right to use the mark for the services in the class, and the right to sue for infringement. If another restaurant in Kathmandu or Pokhara starts using a name or logo that is deceptively similar to yours and it's likely to confuse the public, you can file a complaint with the DoI or an action in court. The law also treats unauthorised use of a registered mark as a criminal offense, carrying penalties. Critically, these rights apply only within Nepal's territory, and only if your registration is active and renewed on time.
Common mistakes restaurant owners make with trademarks
A mistake we see often is picking a descriptive name — like "Best Thakali Kitchen" — which the DoI examiner will likely reject because it merely describes the food or quality. A distinctive, coined, or arbitrary name ("Yeti Kitchen" for Thakali food) stands a far better chance. Another mistake is filing in Class 43 but forgetting to secure the brand's name under the Office of the Company Registrar (OCR) if you also want to operate under that trading name; a trademark alone doesn't register your business entity. Finally, assuming a domain name or Facebook page counts as trademark protection is risky — it doesn't. Only a DoI registration gives you enforceable ownership under Nepali law.
A realistic example: registering "Mitho Chowk" for a fast-food chain
Imagine you open a fast-food chain called "Mitho Chowk" with a stylised fork-and-spoon logo. You'd first run a trademark search to confirm no similar name exists for restaurant services. Finding it clear, you'd file in Class 43 for "restaurant, fast-food, and takeaway services" and in Class 30 for your branded "Mitho Chowk" chutney and masala packets sold in retail stores. The applications go through the DoI examination, get published in the Bulletin, survive the 90-day opposition window, and roughly 13 months later you hold two registration certificates — one for each class. Now you can put the ® symbol on your storefront and packaging, and you can stop a copycat "Mitho Chowk Café" from opening across the street.
Can a foreign restaurant chain register a trademark in Nepal?
Yes, and many do. Since Nepal is not a signatory to the Madrid Protocol, a foreign restaurant or hotel group must file directly with the DoI through a Nepal-based agent or legal representative. The process and timeline are identical to those for a local applicant, but you must provide a certified copy of your home-country business registration and a power of attorney that is valid for service in Nepal. Nepal is a member of the Paris Convention and TRIPS, so foreign applicants get the same treatment as domestic ones — priority claims are possible if you filed in another convention country within the last six months.
| What you protect | Where you file | Term | Key law |
|---|---|---|---|
| Restaurant name, logo, slogan | Department of Industry (DoI) | 7 years (renewable) | Patent, Design and Trademark Act 1965 |
| Company/trading name | Office of the Company Registrar (OCR) | No expiry if the company exists | Companies Act |
| Domain name | Private registrar | Annual renewal | Not IP law — contract-based |
This article is for general informational use and is not legal advice. For advice on your specific mark and business, speak with our team.
In short
Registering your restaurant's trademark is the single most reliable way to lock in your brand name in Nepal's first-to-file system. It starts with a clear search, a filing in NICE Class 43 with the DoI, and culminates in a seven-year renewable right that stops copycats in their tracks. Whether you're a local momo shop or an international chain entering Pokhara, the process is the same — and it rewards those who file before they get famous.
- Trademark registration process in Nepal
- Trademark opposition procedure at the DoI
- NICE classification guide for Nepali businesses
- How to renew a registered trademark in Nepal
- Trade name vs trademark: what's the difference in Nepal?
- Can I trademark a slogan or tagline in Nepal?
- Trademark search before filing: why it matters
Ready to lock in your restaurant's brand? Start with a free trademark search to see if your name is available, or reach out to our team to handle the full application, from NICE class selection to responding to office actions. We file with the DoI every week and know what examiners look for — especially in Class 43.
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