The most-registered trademark classes in Nepal are Class 25 (clothing, footwear, headgear) and Class 9 (scientific and electronic apparatus), mirroring the country's dominant consumer-manufacturing and tech-import sectors. The Department of Industry (DoI) registers all trademarks under the 45-class Nice Classification, with one application covering exactly one class under the Patent, Design and Trademark Act 1965.
Key Takeaways
- Class 25 (clothing) and Class 9 (electronics/tech) consistently top Nepal's trademark registry, followed by Class 35 (advertising/retail services) and Class 30 (staple foods).
- Nepal uses the full 45-class Nice Classification; one mark in multiple classes requires multiple applications and fees.
- High-volume classes reflect Nepal's real economy — garment manufacturing, imported electronics, FMCG, and growing retail chains.
- A crowded class means a higher risk of similarity objections during DoI examination, so a pre-filing trademark search is essential.
- Choosing the wrong class is one of the most common reasons applications get rejected or leave a brand unprotected.
- Rights are strictly first-to-file under the PDTA 1965 — the first valid application wins, not the first user in the market.
- Class strategy isn't one-and-done; as your product line grows, you may need to file in additional classes to stay protected.
Which trademark classes dominate Nepal's IP register?
Class 25 for clothing, footwear and headgear is by far the most-registered trademark class in Nepal. The country has a large garment-manufacturing base and a thriving retail apparel market, from high-street importers in Kathmandu's New Road to homegrown pashmina exporters. Class 9 — covering electronics, mobile accessories, software and scientific instruments — follows close behind, driven by Nepal's heavy reliance on imported consumer electronics and a small but growing tech-startup scene. Together these two classes account for a disproportionate share of the marks filed with the DoI each year.
After the top two, Class 35 (advertising, business management, retail services) comes third. This reflects the rise of branded retail chains, supermarkets like Bhat-Bhateni and Salesberry, and e-commerce platforms that need to protect their service marks. Class 30 (coffee, tea, rice, biscuits, noodles and other staple foods) ranks fourth — unsurprising given Nepal's strong FMCG sector and household brands like Wai Wai noodles. Class 5 (pharmaceuticals, dietary supplements, baby food) rounds out the top five, fed by a domestic pharma industry that supplies both the local market and exports to India and Bangladesh. Other consistently high-volume classes include Class 3 (cosmetics, soaps), Class 41 (education, entertainment), and Class 43 (restaurant and hotel services).
Why do Class 25 and Class 9 lead?
The dominance of Class 25 comes down to volume and fragmentation. Nepal has thousands of garment wholesalers, tailors, boutiques, and export houses — and because trademark rights in Nepal are first-to-file under Sec. 16 of the PDTA, each wants to lock in its label, logo, or brand name before a competitor does. The barrier to entry is low: you can start a clothing label with a single shop in Baneshwor and still need a registered mark to stop someone else from selling knock-offs under the same name. Meanwhile, Class 9 registrations are driven by importers of phones, chargers, power banks, LED lights, and solar equipment — products where the brand name on the box is often the only thing a buyer recognises. In a market where grey imports and counterfeits are common, having a registered mark at the DoI gives importers the legal basis to ask customs or the DoI's enforcement wing to act under Sec. 16(2).
How does the Nice Classification work in Nepal?
Nepal follows the international Nice Classification system, which divides all goods and services into 45 classes — Classes 1 to 34 cover goods, and Classes 35 to 45 cover services. The DoI requires a separate application for each class under Sec. 18A(2) of the PDTA. So if a shoe brand also wants to protect its retail store name, it must file two applications: one in Class 25 (the shoes) and one in Class 35 (the retail service). This per-class structure means a brand operating across multiple sectors — say, a tea company that also runs cafés — needs filings in Class 30 for the packaged tea and Class 43 for the café services. Our NICE Class Finder tool lets you search by product or service to see exactly which class applies.
A common mistake we see is a business filing in Class 25 for a clothing brand and assuming the same registration covers accessories like belts, bags, or sunglasses. It doesn't — bags are in Class 18, sunglasses in Class 9, and watches in Class 14. If your brand extends beyond clothes, you need a multi-class strategy. For help navigating the overlap, our AI NICE Classifier can analyse your full product list and recommend the right classes in seconds.
What are the most-mistaken class choices?
Some classes trip people up more than others. Class 35 is frequently misunderstood — people think "I'm selling things" means you file under retail, but if you're selling your own manufactured goods, the trademark belongs in the class of those goods. Class 35 protects the service of retailing other people's products, not the products themselves. Another pain point is the food-and-drink boundary: a restaurant brand can sit in Class 43, but if you also sell packaged sauces or spice mixes under the same name, you need Class 30 too. Software companies often file in Class 9 for the downloadable app, not realising they may also need Class 42 for the SaaS platform. Getting this wrong at filing is painful — the DoI won't move your application to the right class; you file a fresh application and lose your priority date.
How to register a trademark in Nepal: the process
The registration process is the same regardless of which class you file under. Here are the five stages every application passes through at the DoI.
- File the application. Submit the completed form with four specimens of your mark and the required government fee to the DoI. You'll get an acknowledgment with a filing number.
- DoI examination. The examiner checks your mark for distinctiveness and runs a similarity search against existing registered marks. If they raise an objection, you'll have a chance to respond before a final decision.
- Publication in the Industrial Property Bulletin. Once the examiner is satisfied, your mark is published in the official IP Bulletin. This is the public notice that triggers the opposition window.
- 90-day opposition period. Any third party who believes your mark damages their existing rights can file an opposition with the DoI's Law Division within 90 days of publication. If opposed, a hearing process follows.
- Registration certificate. If no opposition is filed — or once any opposition is resolved in your favour — you pay the registration fee and the DoI issues your certificate under Sec. 18(2). Your mark is now protected for seven years.
What documents do you need?
Whether you file in Class 25, Class 9, or any other, the document checklist is the same. A domestic Nepali applicant needs the application form, a notarised Power of Attorney signed and attested by two witnesses, a board resolution (for companies), four clear specimens or labels of the trademark, and a copy of the industry registration certificate plus the latest tax clearance letter. Foreign applicants add one extra document: a notarised and certified copy of the home-country registration certificate, translated into English. All documents must be in English or Nepali. Our team can help you prepare and notarise these correctly — reach out here for guidance.
Timeline and cost factors for filing in a crowded class
The DoI's standard registration timeline runs about 12 to 14 months from filing to certificate, assuming no opposition and no major examiner objections. In the smoothest cases, 6 to 8 months is possible — but that's the exception, not the rule. Filing in a high-volume class like 25 or 9 can stretch the timeline because the examiner has a larger database of existing marks to search against. If your mark is visually or phonetically close to an existing registered mark in the same class, expect at least one round of back-and-forth. A thorough pre-filing search is the single best way to spot potential conflicts early. Use IP Sewa's trademark search to check the DoI database before you commit to a brand name.
Cost is driven by the number of classes you file in — because each class is a separate application with its own government and professional fees. A single-class filing is the most affordable route. A brand needing three classes pays three sets of fees. The government fees are set out in Schedule 3 of the PDTA; professional fees vary with the complexity of the application and whether the mark faces objections. For a current estimate tailored to your filing, try our trademark fee calculator.
How does a crowded class affect your filing strategy?
A crowded class means more existing marks to potentially conflict with — but it doesn't mean you should avoid filing. It means you need to be smarter about clearance. Before settling on a brand name, run a DoI similarity search. Don't just search for identical names; the examiner will flag marks that are phonetically similar, visually close, or conceptually related. In a packed class like 25, even a slightly altered spelling of a known brand can trigger a Sec. 18(1) objection for damaging another's goodwill. If you're launching a clothing brand, for example, and pick a name that sounds like an existing registered mark in Devanagari transliteration, the examiner will catch it. A proper pre-filing search — which you can run through our trademark database tool — saves you the cost and delay of an objection later.
If your chosen name is clear, file quickly. Nepal is first-to-file, and in high-volume classes, the window between searching and filing matters. A delay of a few weeks can mean someone else files a similar mark ahead of you. And once your mark is registered, the registration certificate is valid for seven years from the date of registration, renewable indefinitely in further seven-year blocks under Sec. 23B of the PDTA.
Realistic example: a Nepali apparel startup
Imagine "Yeti Stitch," a small sportswear brand launching in Pokhara. They sell fleece jackets, trekking trousers, and branded caps — all Class 25 goods. They also plan to sell branded water bottles (Class 21) and run a retail outlet (Class 35). A common beginner error would be to file only in Class 25 and assume the whole business is covered. It isn't. A<<>> excerpt: Restaurants and food businesses in Nepal protect their brand by filing a trademark application with the Department of Industry under the Patent, Design and Trademark Act 1965, securing exclusive rights for seven years. meta_title: Restaurant Trademark Registration in Nepal | IP Sewa meta_description: Protect your restaurant’s name and logo in Nepal. Learn the steps, NICE classes, timeline and cost factors for trademark registration with the Department of Industry. meta_keywords: restaurant trademark Nepal, food business registration Nepal, trademark class 43 Nepal, register cafe name Nepal, hotel brand protection Nepal tags: trademark, restaurants, nice class 43, food business, brand protection <<
>Restaurants, cafés and food businesses register a trademark in Nepal by filing a single-class application with the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. A successful registration grants you exclusive nationwide rights for seven years and blocks competitors from using a confusingly similar name or logo.
Key Takeaways
- Nepal follows a first-to-file system — the first valid application wins, not the first business to use the name.
- A restaurant trademark covers one NICE class per application; most food businesses file in Class 43.
- The full process, from filing to certificate, typically takes 12 to 14 months when unopposed.
- Registration lasts 7 years and is renewable indefinitely for further seven-year periods.
- Foreign restaurant chains cannot file directly — they must act through a Nepal-based agent.
- The Industrial Property Bulletin publishes your mark for a 90-day opposition window before registration is granted.
Why should a restaurant register its trademark in Nepal?
Nepal is a first-to-file jurisdiction under the Patent, Design and Trademark Act 1965, so the right to a brand name belongs to whoever files a valid application first — not to the business that used it first. Without a registered mark, you have no legal standing to stop a copycat from opening a restaurant under your name. Registration gives you the exclusive right to use the ® symbol in Nepal, deters imitators, and turns your brand into a transferable asset that can be licensed or sold.
Who can file a trademark for a food business?
The applicant is typically the legal entity that owns the restaurant — a sole proprietor, a partnership, or a private limited company registered with the Office of the Company Registrar (OCR). Foreign restaurant chains and international franchises must file through a local agent or representative physically present in Nepal. That agent handles correspondence, submits documents at the DoI, and receives the registration certificate on your behalf. Our team can help foreign applicants coordinate this — reach out through our contact page.
Which NICE classes cover restaurants and food services?
Nepal follows the NICE Classification of 45 classes, and the DoI requires a separate application for each class. Almost every restaurant files its core trademark in Class 43, which covers services for providing food and drink — restaurants, cafés, fast-food outlets, takeaway counters, and temporary accommodation. If you also sell packaged food products under your brand, you will likely need a second application in Class 30 for items like coffee, tea, spices and baked goods. A delivery-only cloud kitchen might also consider Class 39 for food transport services.
How do you register a restaurant trademark in Nepal — step by step?
Registration follows a structured five-stage process at the Department of Industry. You file first, the DoI examines, then your mark is published so third parties can object. Here is the sequence every food business goes through:
- Search the trademark database first. Before investing in signage or menus, check the DoI register for identical or similar names already filed in your class. You can run a preliminary search yourself using our free trademark search tool. A common mistake we see is falling in love with a name that is already taken.
- Prepare and file the application. You submit Form 1 along with the required documents to the DoI. One application covers one NICE class, so a restaurant selling branded packaged snacks will file at least two. The application must clearly state the mark (word, logo, or combined) and the precise class.
- DoI formal and substantive examination. The registrar checks that your documents are in order and that the mark meets the criteria under Sec. 21–24 of the PDTA — it must be distinctive, not deceptive, and not identical to a registered mark in the same class. If the examiner raises an objection, you get a chance to respond.
- Publication in the Industrial Property Bulletin. Once the DoI is satisfied, your mark is published for a 90-day opposition window. During these three months, any interested party can file an opposition claiming prior rights or that your mark violates the Act.
- Registration and certificate. If no opposition is filed — or if an opposition is resolved in your favour — the DoI enters your mark in the register and issues the registration certificate. You can then start using the ® symbol next to your restaurant name in Nepal.
What documents do you need for a restaurant trademark filing?
The DoI requires a completed application form, a clear representation of the mark in JPEG or PDF format, and a power of attorney if you are using an agent. If the applicant is a company, you will also need the company registration certificate from the OCR. For a logo or combined mark, the representation must be exactly as you use it on your shopfront or packaging. Our team can help you prepare a compliant filing package — just reach out via our contact page for a document checklist tailored to your situation.
How long does restaurant trademark registration take in Nepal?
Plan for 12 to 14 months from filing to certificate when the process is unopposed. In the smoothest straightforward cases — where the examiner raises no queries and no opposition is filed — it can wrap up in about 6 to 8 months. Realistically, many applications encounter minor queries or need a clarification letter, which adds a few weeks. The 90-day publication period is fixed by law and cannot be shortened, so nobody can register a trademark in Nepal in under three months.
| Stage | Typical Duration |
|---|---|
| Filing to examination | 2–4 months |
| Examination and queries | 2–4 months |
| Publication (opposition window) | 90 days (fixed) |
| Certificate issuance | 1–2 months after opposition |
| Total (unopposed) | 12–14 months |
What does it cost to protect a restaurant brand in Nepal?
Costs break into two parts: the government fee set by the DoI, and the professional fee for preparing and managing your application. Because Nepal is a single-class system, a restaurant filing in both Class 43 and Class 30 will pay the government fee twice. Our fee calculator gives you an instant current estimate based on the number of classes and mark type, or you can speak with our team through the contact page for a tailored breakdown.
What does the Patent, Design and Trademark Act 1965 say about restaurant marks?
The PDTA is the primary law. Sec. 21 defines what can be registered — any distinctive word, logo, signature, or combination capable of distinguishing your food services from others. Sec. 22–24 list the grounds for refusal, including marks that are generic for restaurants, descriptive of the food you serve, or likely to deceive the public about the origin of the meals. The Act also sets the 7-year initial term and the renewal framework. Nepal aligns its industrial property system with its obligations under the Paris Convention and the TRIPS Agreement, administered through WIPO.
What are the most common mistakes restaurant owners make?
A mistake we see often is picking a descriptive name — like "Fresh Momo" or "Best Thakali Kitchen" — and assuming it can be exclusively owned. The DoI will refuse purely descriptive marks because every business should be free to describe its food honestly. Another frequent error is filing for a logo without realising the word element is what matters most for stopping a copycat; a competitor can tweak the font and colour of a logo and still trade under your name. File for the word mark on its own as well. Finally, forgetting to renew is costly: a trademark expires after 7 years in Nepal, and while it is renewable, letting it lapse means starting over.
A practical example: "Yeti's Kitchen" in Thamel
Imagine you open a small restaurant called "Yeti's Kitchen" in Thamel serving Himalayan fusion food. You would file your core application in Class 43. Six months later, someone opens "Yeti Kitchen & Bar" two streets away. If you have a registered word mark for "Yeti's Kitchen," you have a clear basis under the PDTA to oppose that confusingly similar name and demand they stop. Without registration, you are relying on goodwill and polite requests — neither of which carries legal weight in a first-to-file country. If you also plan to sell branded dried noodles under the same name, a parallel Class 30 filing protects that extension from day one.
In short, a registered trademark is the single most durable asset a restaurant brand owns in Nepal. It protects your name across the country, makes enforcement straightforward, and signals to customers and investors that you take your business seriously. The process is structured and predictable — but it rewards those who file early and choose distinctive marks.
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Ready to secure your restaurant's name? Start by checking if your brand is available with our free trademark search, then speak with our team through the contact page to begin your application. We handle the paperwork so you can focus on your kitchen.
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