A trademark symbol is a notice, not the right itself. ™ tells readers that a business claims a sign as a mark. ® represents registered status and should be used in Nepal only after the Department of Industry has registered that mark. A pending application is not enough.
Key takeaways
- ™ is an informal notice that a business claims a sign as a trademark.
- SM is a service-mark notice used in some markets, though ™ is widely understood for goods and services.
- ® indicates registration; Sec. 18B prohibits falsely presenting an unregistered mark as registered.
- The symbol does not expand the sign, goods, services, owner or territory recorded in the certificate.
- Nepal is first-to-file, so using ™ does not reserve an unfiled brand.
- One Nepal application covers one Nice class under Sec. 18A.
- A trademark registration runs for seven years and is renewable for further seven-year terms.
What do the ™, SM and ® symbols mean?
™ is a commercial notice: “we claim this sign as a trademark.” It can appear beside a word, logo or slogan before filing, during an application or after registration.
SM means service mark. It developed as a notice specifically for services, but ™ is often used more broadly. Neither symbol proves that a government office examined or registered the sign.
® means registered. In Nepal, it should correspond to a registration issued by the Department of Industry under the Patent, Design and Trademark Act 1965.
Where did trademark notices come from?
Merchants used maker's marks, names, seals and labels long before modern registration systems. Those signs helped buyers identify source and helped traders challenge deceptive substitutions.
As statutory registers developed, businesses needed a compact distinction between a sign they claimed and one an office had registered. TM became a familiar claim notice; the circled R became an internationally recognised registration notice.
The exact legal effect has always depended on national law. The World Intellectual Property Organization explains international trademark systems, but WIPO does not issue Nepal's national certificate.
What rights exist before a trademark is registered?
A business can use a sign before registration, subject to earlier rights and other laws. It can preserve dated packaging, invoices, advertising and customer evidence showing when and how the sign entered the market.
That evidence may matter to the facts of an objection or dispute, but it should not be described as the same statutory position as registration. TM communicates the claim without overstating the official status.
The practical sequence is search, decide, file and document use. The trademark conflict checker can support an initial screen, while current legislation can be checked through the Nepal Law Commission.
What does Nepal's law say about false registration claims?
Sec. 18B of the Patent, Design and Trademark Act prohibits using a trademark that has not been registered in a manner that indicates it is registered. That is the statutory reason to keep ® off a pending or unfiled Nepal mark.
The provision is broader than typography. Writing “registered trademark” or otherwise presenting the sign as registered can create the same problem even if the circled R is absent.
Use the certificate date and registered sign as the control. An application acknowledgement, examination notice or Bulletin publication is not the registration certificate.
Can you use ™ before filing in Nepal?
Yes, when it truthfully communicates that the business claims the sign as a mark. TM does not say that the Department approved the sign.
It also does not reserve the mark. Nepal's registration-based, first-to-file framework makes an early clearance and application more useful than years of placing ™ on packaging.
Search exact and similar signs in the Nepal trademark database, then obtain a broader trademark search before investing in a launch.
When can you use ® in Nepal?
Use ® after the Department registers the sign and issues the certificate. The notice should accompany the sign covered by the record and relate to the registered goods or services.
A foreign registration does not automatically register the mark in Nepal. A foreign owner needs the appropriate national filing and Nepal certificate before presenting the mark as registered here.
Does a pending application allow the registered symbol?
No. Filing creates an application and date, not registered status. Examination, publication, objections and completion still remain.
During the pending period, the business can use the mark subject to third-party rights and can use ™ as a claim notice. It should not change the application's status in marketing materials.
How do you register a trademark before using ®?
- Choose a distinctive sign. Avoid wording that merely describes the goods, services, quality or place.
- Search conflicts. Check exact, phonetic, visual and commercially related earlier marks.
- Select each Nice class. Match the specification to what the business actually offers.
- File at the Department. Preserve the application, sign and filing acknowledgement.
- Answer examination. Respond to the ground and record actually cited.
- Track the Bulletin. Accepted applications are published and current notices allow a 90-day opposition window.
- Complete registration. Update packaging to ® only after the certificate issues.
Our guide to TM versus ® in Nepal focuses on notice use, while the trademark-registration service supports the underlying application.
Why do Nice classes limit the meaning of ®?
The Nice Classification divides goods and services into 45 classes. Sec. 18A requires a separate Nepal application for each class.
A certificate for packaged tea does not automatically register restaurant services, retail services or clothing. Putting ® beside the same name across all of them can communicate a broader position than the record supports.
Use the Nice class finder and goods and services search to organise the commercial scope before filing.
What if the logo changes after registration?
A material redesign may need a new application because the Department registered the sign shown in the file. A different icon, layout or combined word-and-device mark may sit outside that record.
Keep the wordmark and logo strategy separate where both carry value. Our guide on what trademark symbols really mean should be read alongside the actual certificate, not instead of it.
Can a foreign ® notice be used as proof in Nepal?
A foreign certificate proves registration in the issuing territory, within its own scope. Trademark rights are territorial, and Nepal is not part of the Madrid System.
A foreign portfolio or Paris Convention priority claim can be relevant to a Nepal application, but it does not itself create Nepal registration. Check the Department record before using ® as a Nepal status claim.
How long does registered status last?
A Nepal trademark registration runs for seven years and can be renewed for further seven-year terms. Track renewal from the official registration record.
If the registration expires or is cancelled, continued ® use can misstate the mark's status. Use the renewal calculator as a diary aid and the renewal service for a current file review.
How should ® appear on packaging and websites?
Place it close enough to the registered sign to show what it refers to without making the packaging unreadable. Consistency matters more than covering every appearance.
Create a brand-guideline note identifying the approved sign, symbol, products, territories and status source. Legal and design teams should update that note when the logo, owner or registration changes.
How should a business audit its symbol use?
Collect the signs appearing on packaging, websites, storefronts, apps, advertisements and distributor material. For each one, identify whether the artwork uses TM, SM, ® or no notice and record the country in which it appears.
| Audit field | Question to answer | Evidence |
|---|---|---|
| Exact sign | Does the artwork match the registered representation? | Certificate and approved artwork |
| Territory | Is registration current in this market? | National registry record |
| Scope | Do the promoted goods or services fit? | Class specification |
| Owner | Is the named owner still correct? | Register, assignment and licence |
| Status | Is the mark pending, registered, expired or cancelled? | Official correspondence and renewal record |
Correct unsupported ® notices first, then align brand guidelines and distributor templates. A brand-launch review can build this status check into the release process instead of repairing packaging later.
For Nepal status, verify the application and certificate with the Department of Industry. Do not use an internal spreadsheet as the final authority when the official record has changed.
What would a careful brand rollout look like?
This is an illustration, not a real case. A Kathmandu café adopts “Juneli Brew,” searches the name and files the wordmark and logo in its priority classes.
It uses ™ on opening materials while the applications remain pending. Once the wordmark certificate issues, the team uses ® only with the registered wordmark and keeps ™ on a redesigned icon still under review.
The rollout file contains the certificates, approved artwork, class scope, renewal dates and instructions for franchisees. Nobody relies on the symbol alone to prove ownership.
Common mistakes
- Using ® after filing but before registration.
- Assuming ™ reserves an unfiled name.
- Using a foreign registered notice as proof of Nepal status.
- Placing ® beside a materially redesigned logo.
- Extending the notice to goods or services outside the registered scope.
- Confusing company registration, a domain or tax registration with a trademark certificate.
- Continuing ® after expiry, cancellation or an ownership change not reflected in the record.
In short
TM and SM communicate a brand claim; ® communicates completed registration. In Nepal, the registered symbol should follow a current Department of Industry certificate and remain aligned with its sign, owner, class and scope.
Search and file early, use the honest notice at each stage, and make the official record—not the packaging artwork—the source of truth.
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Unsure which symbol matches your file? Contact IP Sewa with the sign, application or certificate and the markets where it appears.
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