Slogans can be trademarked in Nepal — the Department of Industry (DoI) registers them as word marks under the Patent, Design and Trademark Act 1965, as long as the slogan is distinctive enough to identify your brand and not merely a generic or descriptive phrase anyone in your industry could use.
Key Takeaways
- A slogan is trademarkable in Nepal only when it is distinctive — it must point to your business, not just describe the product.
- The DoI examines slogans under the same Sec. 18 rules as any word mark; purely descriptive or laudatory phrases get refused.
- Famous global examples like "JUST DO IT" and "I'M LOVIN' IT" are registered marks because they acquired distinctiveness over time.
- You file a slogan as a word mark in the relevant NICE class — one application per class, same government process as a brand name.
- Registration gives you a 7-year monopoly, renewable indefinitely, and the exclusive right to use that tagline in your class.
- A common mistake: filing a slogan that is too descriptive. The DoI will reject "Best Quality Rice" but may accept "Nourishing Nepal, Grain by Grain."
- Conduct a trademark search before filing — a slogan that sounds clever to you might already be someone else's registered mark.
What exactly is a trademarked slogan under Nepal's IP law?
The Patent, Design and Trademark Act 1965 defines a trademark as any word, symbol, or combination that distinguishes one business's goods or services from another's. A slogan — a short, memorable phrase used in advertising — falls squarely under "word." When you register a slogan with the DoI under Sec. 18, it becomes a registered word mark with the same 7-year renewable protection as any brand name or logo. The World Intellectual Property Organization (WIPO) treats slogans as protectable subject matter under the Paris Convention, to which Nepal is a party, reinforcing that a tagline is not just marketing fluff — it is industrial property.
Why do businesses trademark their slogans?
Because a great tagline carries enormous commercial weight — it triggers instant brand recall and builds emotional connection with your customers. If you don't register it, a competitor in your NICE class could adopt a confusingly similar phrase, and without a registered mark you have no straightforward enforcement path at the DoI. Nepal is a first-to-file jurisdiction: the first person to file a valid application owns the right, regardless of who used the slogan first in the market. Registering also lets you use the ® symbol, a public deterrent that a common-law ™ claim simply cannot match in Nepal.
Which famous slogans are trademarked — and what can Nepal learn from them?
Global brands have built empires around taglines that started as clever copy and became legal assets. Nike's "JUST DO IT" is a registered trademark in multiple jurisdictions, including for apparel in Class 25. McDonald's "I'M LOVIN' IT" is trademarked for restaurant services in Class 43. Apple's "THINK DIFFERENT" protected the company's identity in Class 9. These slogans share a common thread: none describes the product literally. "JUST DO IT" does not mention shoes, sports, or quality — it evokes an attitude. That is the key insight for Nepal: the DoI examiners look for creativity and originality, not for a literal description of what you sell. A Kathmandu-based trekking agency could potentially register "Because the Mountains Are Calling" for Class 39 tour services, while "We Arrange Good Treks" would almost certainly fail examination under Sec. 18.
How does the DoI examine a slogan for distinctiveness?
When your slogan application reaches the Department of Industry, the examiner applies the same registrability test that governs all word marks under Sec. 18 of the PDTA. They ask three core questions. First, is the slogan inherently distinctive — does it, on its face, point uniquely to your business? Second, has it acquired distinctiveness through extensive use and promotion in Nepal, even if it started somewhat descriptive? Third, would granting you a monopoly on this phrase unfairly block other traders in your industry from honestly describing their own goods? A slogan that merely praises ("The Best Coffee in Town") or describes a feature ("Handwoven Pashmina") will be refused because competitors need those words. The examination is done in consultation with you — if the DoI raises an objection, you have the right to respond and argue distinctiveness before a final decision.
Which NICE classes apply when you trademark a slogan in Nepal?
Your slogan is registered in the specific class or classes where you actually use it — the phrase itself does not get blanket protection across all 45 NICE classes. Under the NICE Classification system that Nepal follows, a slogan for a restaurant brand would typically be filed in Class 43 for service provision. The same phrase used on packaged food products would need Class 30 for the goods. Nepal requires one application per class — if your slogan will appear on both your café signage (Class 43) and your branded coffee beans sold in supermarkets (Class 30), you must file two separate applications. Use our NICE class finder to identify every class your slogan touches before you file.
How do you register a slogan as a trademark in Nepal?
The process is identical to registering any word mark. Follow these steps:
- Create a distinctive slogan. Brainstorm phrases that are suggestive or fanciful — not descriptive of your product. Avoid industry-generic words and direct praise.
- Search the DoI trademark database. Use our trademark search tool to check whether your slogan — or a confusingly similar phrase — is already registered in your target NICE class. This is the most critical pre-filing step; skipping it is the leading cause of wasted application fees.
- Identify the correct NICE class(es). A slogan for a clothing brand belongs in Class 25, for software in Class 9, for hotel services in Class 43. If you use the tagline across both goods and services, you need multiple applications.
- Prepare your application. You need the application form, four specimens of the slogan as it appears in use, a notarised Power of Attorney, and supporting company documents. For foreign applicants, a notarised copy of any home registration certificate is also required.
- File at the Department of Industry. Submit your application package. The DoI acknowledges receipt and assigns a filing number.
- Respond to examination. If the examiner raises an objection — often on distinctiveness grounds for slogans — you have the right to argue your case, submit evidence of acquired distinctiveness through use in Nepal, and amend the application if needed.
- Publication and opposition. Once the examiner is satisfied, your slogan is published in the Industrial Property Bulletin. Third parties have a 90-day window to oppose. If unopposed, you pay the registration fee and receive your certificate.
How long does it take to trademark a slogan in Nepal?
The typical timeline runs 12 to 14 months from filing to certificate when the application is unopposed. In the smoothest straightforward cases — where your slogan is clearly distinctive and no examiner objection or opposition arises — the process can complete in about 6 to 8 months. Slogans, however, attract closer examination scrutiny than invented brand names because the line between a distinctive tagline and a descriptive phrase is often thin. If the DoI examiner challenges your slogan's distinctiveness, expect the timeline to extend toward the longer end as you prepare and submit counter-arguments. For a detailed breakdown of the full registration journey, see our guide on how long trademark registration takes in Nepal.
What documents do you need to trademark a slogan in Nepal?
The documentary requirements for a slogan are identical to any word-mark application. Domestic applicants must submit the completed application form, a notarised Power of Attorney signed and attested by two witnesses, a board resolution from the applying company, four specimens of the slogan label, and the company's certificate of industry along with a tax clearance letter. Foreign applicants additionally need a notarised copy of their home-country trademark registration certificate for the slogan, translated into English. If you are claiming priority under the Paris Convention from an earlier foreign filing, you must include the notarised filing receipt. Our team can help you assemble the complete documentation package — reach out for guidance on your specific situation.
What does it cost to trademark a slogan in Nepal — and what drives the total?
The cost of registering a slogan has two components: the government fees payable to the Department of Industry, and professional service fees for the legal and procedural work. Government fees follow a per-class structure — you pay an application fee when you file, and a separate registration fee when your slogan is approved and the certificate issues. A slogan filed in one class costs one set of fees; the same slogan in three classes costs three times the government component. Other cost drivers include the complexity of your distinctiveness argument if the examiner objects, translation and notarisation costs for foreign documents, and whether any opposition proceeding requires a formal response. For a current fee estimate tailored to your slogan and class, use our trademark fee calculator.
What mistakes do applicants make when trademarking a slogan in Nepal?
In practice, we see the same errors repeatedly. The most common is filing a slogan that is purely descriptive — "Fresh and Natural Juice" for a juice bar in Class 43 will not clear examination because every juice seller needs those words. A close second is skipping the trademark search, assuming no one else could have thought of the same catchy phrase. The DoI database is public, and clever slogans in popular industries get registered fast under Nepal's first-to-file system. A third mistake is filing in the wrong class: a slogan used on product packaging (a good in, say, Class 30) and on the storefront (a service in Class 43) needs two applications — filing only one leaves the other use unprotected. Finally, applicants sometimes treat the slogan as an afterthought and file it years after the brand name, by which time a competitor may have already registered a similar tagline. File your slogan early — ideally alongside your primary brand name.
A realistic Nepal scenario: trademarking a slogan for a local brand
Imagine "Himalayan Hearth," a growing chain of bakeries in Pokhara with a signature tagline on every box: "Warmth from the Mountains." The owner wants to prevent a competitor from printing "Bringing Mountain Warmth to Your Table" on their packaging. Is "Warmth from the Mountains" trademarkable in Nepal? The phrase does not directly describe baked goods — it evokes a feeling and a sense of place, making it suggestive rather than descriptive. It would likely pass the DoI's distinctiveness examination for Class 30 (bakery products). The owner conducts a trademark search, confirms no similar phrase exists in Class 30 for foodstuffs, and files a word-mark application. Twelve months later, "Warmth from the Mountains" is a registered trademark — and the competitor's near-identical tagline becomes a clear infringement that the DoI can act on. That is the commercial power of registering a slogan.
How does slogan protection compare to brand-name protection under Nepal's first-to-file system?
| Factor | Brand Name (Word Mark) | Slogan / Tagline |
|---|---|---|
| Registrable under PDTA 1965 | Yes — Sec. 18 | Yes — Sec. 18 (as a word mark) |
| Distinctiveness hurdle | Lower — invented names sail through | Higher — slogans often lean descriptive |
| Examination scrutiny | Moderate | Often more rigorous; examiner checks descriptiveness closely |
| Term of protection | 7 years, renewable | 7 years, renewable |
| One application per NICE class | Yes | Yes |
| Opposition window (Industrial Property Bulletin) | 90 days | 90 days |
| Acquired distinctiveness argument | Rarely needed | Often the deciding factor for borderline slogans |
Can you trademark a slogan in English, Nepali, or both?
You can file a slogan in any language or script. The DoI accepts applications in English, Nepali (Devanagari), or a combination. A bilingual slogan — for instance, an English tagline with a Nepali translation underneath on your label — is filed as a single word mark showing both versions in the specimen. If you want to protect the English and Nepali versions independently, file two applications. The distinctiveness test applies equally regardless of language: a descriptive phrase in Nepali ("ताजा र स्वस्थ") will be refused just as its English equivalent ("Fresh and Healthy") would be. Our team can help you assess whether your slogan, in whatever language your customers speak, meets the DoI's registrability standard — just get in touch.
What happens if someone opposes your slogan application during the 90-day window?
Once your slogan is published in the Industrial Property Bulletin, any interested party has 90 days to file an opposition with the DoI's Law Division. An opposition triggers a quasi-judicial proceeding: the DoI examines the opponent's grounds — typically a claim that your slogan is confusingly similar to their earlier registered mark or is descriptive and should not have been accepted. Both sides submit evidence and arguments. If the DoI upholds the opposition, your application is refused. If the opposition is dismissed, your slogan proceeds to registration. An opposed application can extend the timeline by several months. Our opposition and enforcement service can help you defend your slogan or challenge a conflicting mark.
In short, a slogan is a valuable trademark asset in Nepal — but only if you craft one that is genuinely distinctive, search the DoI database before filing, and register it in the right NICE class before a competitor does. The first-to-file rule rewards the swift, and a registered slogan gives you a 7-year renewable monopoly that turns your tagline from a marketing expense into an enforceable property right.
Ready to protect your slogan? Search the trademark database first — it's the single most important pre-filing step — then<<>> excerpt: Restaurants in Nepal register a trademark through the Department of Industry under the Patent, Design and Trademark Act 1965, securing a 7-year renewable term for their brand name. 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 registration process, which NICE classes apply, and how the first-to-file system works. Get started today. meta_keywords: restaurant trademark Nepal, register food brand Nepal, café logo registration, NICE class 43 Nepal, food service trademark tags: trademark, restaurant, nice classes, food and beverage, nepal <<
>A restaurant registers a trademark in Nepal by filing an application with the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. The process takes about 12–14 months, follows a strict first-to-file rule, and the registration lasts seven years before you must renew it.
Key Takeaways
- Nepal uses a first-to-file system — the first valid application owns the mark, not the first user.
- Your restaurant trademark is valid for 7 years and is renewable indefinitely under Sec. 21–24 of the PDTA.
- One application covers one NICE class; most restaurants need Class 43, plus Class 30 or 35 if they sell packaged goods or franchise.
- The DoI publishes accepted marks in the Industrial Property Bulletin, opening a 90-day window for anyone to oppose.
- A straightforward unopposed registration typically takes 12–14 months from filing to certificate.
- Nepal is not a member of the Madrid System, so foreign restaurant chains must file directly through a local agent.
What exactly is a restaurant trademark?
A restaurant trademark protects the signs that distinguish your eatery from someone else's — your brand name, logo, tagline, or a combination — under Nepal's Patent, Design and Trademark Act 1965. A trademark is not a business registration with the Office of the Company Registrar (OCR); it's a separate industrial-property right granted by the Department of Industry. Once registered, you get the exclusive right to use the mark for your food and drink services and can stop another restaurant from using a confusingly similar name.
Why should a restaurant owner bother registering?
Registering gives you the legal standing to prevent copycat eateries in Kathmandu, Pokhara, or anywhere in Nepal. Without a registered mark, you rely on common-law passing-off claims, which are far harder to prove and enforce. A DoI registration certificate is direct evidence of ownership. It also builds asset value if you ever plan to franchise your concept, attract investors, or list on food-delivery platforms that require proof of brand rights.
Who files the application, and do foreign restaurant chains need one?
The trademark applicant is the owner of the mark — an individual, partnership, or private company. A common mistake we see is filing in the restaurant manager's personal name when the business is a separate private limited company; this creates ownership headaches later. Foreign restaurant brands that want protection in Nepal must file directly with the DoI through a Nepal-based agent or representative, because Nepal is neither a member of the Madrid System nor the PCT. A local address for service is mandatory.
Which NICE classes apply to a restaurant?
A restaurant's core protection sits in NICE Class 43, which covers "services for providing food and drink; temporary accommodation." Think dine-in service, cafés, bars, takeaway counters. But many restaurant owners overlook two other classes that matter. Class 30 covers packaged food products sold under the brand — spice mixes, sauces, branded coffee beans, or instant noodles. Class 35 covers retail and franchising services, including "business management of restaurants" and online food-ordering platform operation. Each class needs its own separate application in Nepal.
How do I register a restaurant trademark, step by step?
The registration path follows the sequence laid out in the PDTA and DoI practice. Every step below is a gate — if one fails, the process stops until you fix it.
- Search the trademark database. Before you invest in signage or menus, check if a similar restaurant name is already on file. You can run a preliminary search through our trademark search tool to spot obvious conflicts.
- Prepare the application. You'll need a clear representation of the mark, a list of goods/services under the chosen NICE class, and the applicant's full details. A single application covers one class; a restaurant protecting a logo and tagline on packaged goods needs separate Class 30 and Class 43 filings.
- File at the Department of Industry. The DoI receives the form, assigns a filing date and application number, and begins its formality check. Nepal is first-to-file, so this date is critical.
- Examination and publication. A DoI examiner reviews the mark for distinctiveness and conflict with prior registrations. If accepted, the mark is published in the Industrial Property Bulletin.
- 90-day opposition window. Any interested party can file an opposition within 90 days of publication. If none is filed, or an opposition is resolved in your favour, the DoI proceeds to registration.
- Registration and certificate. The DoI issues the registration certificate, granting you exclusive rights for seven years from the filing date.
What documents does the DoI require?
The application package is straightforward but must be complete. For a company applicant in Nepal, you'll submit the completed trademark application form, a representation of the mark in JPEG or PDF, a list of goods or services tied to a specific NICE class, company registration documents from the OCR, a power of attorney if an agent is filing, and a certified Nepali translation if any document is in a foreign language. Individual applicants submit citizenship details instead of company documents. Missing the translation or OCR extract is the most common reason for a formality objection, so get these right upfront.
How long does it take, and how long does the right last?
The DoI's typical timeline for an unopposed restaurant trademark is about 12–14 months from filing to certificate. Smoother cases where the examination raises no queries can finish closer to 6–8 months, but that is the exception, not the norm. Once registered, your mark is valid for seven years under the PDTA. You must renew it every seven years by paying the renewal fee; there is no limit on how many times you can renew. If you miss a renewal deadline, the mark can be restored within a grace period, but it's far safer to diary the date well ahead of time.
What does it cost to register a restaurant trademark?
The total cost is a mix of government fees paid to the DoI and professional fees for search, filing, and prosecution. Because Nepal follows a per-class fee structure, a restaurant filing in Class 43 alone will pay less than one filing in Class 43 plus Class 30. Additional costs can arise if an opposition is filed, if the examiner issues an objection requiring a written reply, or if you need to record a change of address or assignment later. For a current fee estimate based on your exact class list, try our fee calculator or get in touch — our team can give you a line-by-line breakdown.
What law governs restaurant trademark rights in Nepal?
The governing statute is the Patent, Design and Trademark Act 1965, available on the Law Commission portal. Trademark registration, assignment, and renewal are covered in Sec. 21–24. The Act gives the Department of Industry authority to examine, publish, and register marks, and it frames the 90-day opposition mechanism. Nepal is a member of the Paris Convention and TRIPS, so foreign applicants can claim priority from a home filing if they apply within six months, though they still must file directly through a local representative because Nepal has not joined the Madrid Protocol.
What are the most common mistakes restaurant owners make?
A mistake we see often is picking a descriptive or generic name — "Fresh Momo House" for a momo shop is weak because it describes the product, and the DoI examiner will likely object on distinctiveness grounds. Another frequent problem is filing in the wrong class; protecting only dine-in services under Class 43 while selling packaged branded chutney under the same name leaves the retail product exposed. A third is assuming an OCR business registration alone protects a trading name — it doesn't. Only a DoI trademark registration gives you the exclusive right to stop others from using the name. Finally, waiting too long to file. In a first-to-file country, a competitor can register your name the day before you do and lock you out.
What does a typical restaurant trademark look like in practice?
Imagine a Thakali restaurant in Lazimpat launching as "Chula & Chulo." The owners file a logo mark — a stylised clay stove with the words in Kirtipur font — in Class 43 for restaurant services and Class 30 for their branded dried noodle packs sold in Bhatbhateni. The DoI publishes the Class 43 mark first, and no one opposes within 90 days. About 13 months from filing, they hold a registration certificate and start putting the ® symbol on their storefront and noodle packs. When another café in Bhaktapur opens as "Chulo Express" six months later, the registered mark gives Chula & Chulo a clear path to send a cease-and-desist notice and, if needed, file an enforcement action.
What if I only want to protect a logo, or just the name?
You can file a trademark as a wordmark (the name alone, e.g., "Chula & Chulo"), a device mark (the logo or symbol without words), or a combination mark (both together). A wordmark gives broader protection because it covers the name in any font, colour, or style. A logo-only registration protects just that specific graphic and won't stop someone from using a similar name in a different design. Filing a combination mark protects the way your customers actually see the brand — the name and logo together — which is usually the most practical choice for a restaurant. Each approach has trade-offs, and the right pick depends on how you plan to use and expand the brand; our team can help you decide before you lock in the application.
Can someone oppose my restaurant trademark after registration?
A direct challenge happens during the 90-day publication window. Once the DoI issues the certificate, the registration is settled, but it is not entirely immune. A third party who believes your mark was registered in bad faith or conflicts with a well-known mark can still petition the DoI or approach the courts. In practice, post-registration attacks are rare and harder to win, which is why the opposition window is the real battleground. If you plan to invest heavily in a brand, it's wise to monitor the Industrial Property Bulletin while your application is pending so you catch any objection early.
| Scenario | Class(es) needed | Typical timeline |
|---|---|---|
| Dine-in restaurant only | 43 | 12–14 months |
| Restaurant + packaged brand goods | 43, 30 | 12–14 months (per class) |
| Restaurant chain with franchise model | 43, 35 | 12–14 months (per class) |
| Full brand: dine-in, packaged goods, and franchise | 43, 30, 35 | 12–14 months (per class) |
In short, a restaurant trademark in Nepal is a seven-year renewable right you obtain by filing a per-class application with the Department of Industry, surviving a 90-day opposition window, and receiving your certificate roughly 12 to 14 months later. The first-to-file rule means the clock starts ticking the day you decide the name — not the day you open the doors — so filing early is the single most valuable move you can make.
Start by checking whether your restaurant name is available using our free trademark search, or contact our team to handle the full filing, class selection, and DoI follow-up for you. For a deeper look at the steps, see our trademark registration services page.
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