In Nepal, TM is an informal notice that a business claims a sign as a trademark; ® communicates registered status and should be reserved for a mark registered by the Department of Industry. Filing or Bulletin publication alone does not make a mark registered.
Key takeaways
- Nepal's Patent, Design and Trade Mark Act does not define the ™ or ℠ symbols.
- ™ is commonly used for a claimed word, logo or other sign before registration.
- ℠ is an optional convention for service brands, not a separate Nepal registration system.
- ® should follow a Department registration certificate for the relevant mark.
- Sec. 18B bars using a trademark as a registered trademark without Department registration.
- A symbol does not expand the goods, services or classes on the certificate.
- The registered term lasts seven years from registration and is renewable.
What is the difference between TM and R in Nepal?
TM says, in effect, “we claim this as a trademark.” The registered R symbol says, “this mark has registered status.” The first is a market convention; the second carries a specific factual implication about the Department record.
Neither symbol creates ownership by itself. The Act connects statutory trademark title to registration, while the certificate and register identify the owner, mark and relevant goods or services.
| Symbol | Message | Evidence needed | Main limitation |
|---|---|---|---|
| TM | A trademark is claimed | No certificate implied | Does not establish rights or availability |
| SM | A service mark is claimed | No certificate implied | Not a separate Nepal filing category |
| ® | The mark is registered | Department registration certificate | Limited to the registered mark and scope |
The table describes what the symbols communicate, not an automatic enforcement result. In a dispute, the registration record, use evidence and surrounding facts matter more than the size or placement of the symbol.
Does Nepal's trademark law define these symbols?
No provision in the Act creates formal definitions for ™ or ℠. They are widely understood commercial symbols, but applicants should not describe them as statutory categories invented by Nepalese law.
The registered-status rule comes from Sec. 18B of the Patent, Design and Trade Mark Act 1965: a trademark may not be used as a registered trademark without registration at the Department. The WIPO Lex text of Nepal's Act is the primary reference.
Which statutory rules support the status distinction?
Sec. 2(c) defines a trademark as a word, symbol, picture or combination used by a firm, company or individual to distinguish its products or services from those of others. The definition addresses the sign, not the artwork used to announce its status.
Sec. 18 governs Department registration and the certificate. Sec. 18C also allows cancellation after inquiry when a registered mark is not brought into use within one year of registration, so an ® label should not distract from genuine use and record maintenance.
What does the TM symbol mean?
TM tells customers and competitors that the business treats a word, logo, label or other sign as a trademark. It may be used before filing or while an application remains pending, provided the presentation does not falsely imply registration.
TM does not prove that the sign is distinctive, available or owned by the user. An earlier application or registered mark may still block the proposed sign, so search before investing in permanent packaging.
What does the SM symbol mean?
SM is commonly read as “service mark.” A hotel, courier, consultancy or software service might use it before registration, but Nepal does not operate a separate SM application category.
Using TM for a service brand is also common and usually easier for customers to recognise. The meaningful filing question is which services are specified in the correct Nice class, not whether the artwork shows TM or SM.
When is the registered R symbol appropriate?
Use ® after the Department registers the mark and issues the registration certificate. A filing receipt, examination response or Bulletin entry is not the certificate and does not establish completed registered status.
Check that the artwork corresponds to the registered mark and that the use concerns the covered goods or services. If the logo changed materially or the business expanded into another class, the earlier certificate may not support every new presentation.
Why is a pending application not enough for R?
An application can be questioned, opposed, refused, withdrawn or left incomplete. Even publication is an intermediate public-notice event, not the final registration decision.
Until the certificate is issued, TM provides a more accurate notice of the business's claim. The application number lookup can help locate an indexed record, but the official file controls status.
For example, the Department's 8 July 2025 Bulletin notice allowed 90 days from publication for objections to the listed applications. Applicants should read the notice governing their own publication.
How should a business verify registration status?
Review the certificate, Department record and any renewal or ownership entries. Confirm the registration number, owner, exact mark, class, goods or services, registration date and current validity.
Begin with the Nepal trademark database search and the owner and applicant search. Use the Department of Industry for official forms, notices and the controlling administrative record.
Does R protect every version of a brand?
No. Registration concerns the mark shown in the record. A word mark, stylised logo and combined label may not be interchangeable for every legal purpose, especially after a major redesign.
A small layout adjustment may present less risk than a new dominant word or device, but there is no universal visual-change rule. Compare current use with the certificate and consider a fresh application when the commercial sign changes materially.
Does R protect every product and service?
No. The certificate is tied to specified goods or services in a Nice class. Sec. 18A requires separate applications for goods or services placed in different classes.
A café may have a registered mark for restaurant services without a registration for packaged coffee. Use the Nice class finder and goods and services search to identify the scope that needs review.
The WIPO Nice Classification supplies current class headings and explanatory material. Classification is an administrative structure; it does not turn an unregistered sign into a registered mark.
Read the specification as well as the class number. Two registrations in the same class can cover different items, and related goods or services can sit across different classes.
How do you move from TM to R?
- Search the sign. Review exact and similar words, sounds and device elements.
- Choose the class. Match actual goods and services to the Nice Classification.
- File accurately. Submit the owner, mark and class-specific specification.
- Answer examination. Respond to Department questions within the stated period.
- Track publication. Read the applicable Industrial Property Bulletin notice.
- Verify the certificate. Change the relevant brand artwork to ® only after registration.
The trademark registration service can review filing scope, while the registration guide explains the route in detail.
Does using TM improve filing priority?
No. Printing TM does not establish the Department filing date. Nepal is commonly described as first-to-file because earlier applications can affect later ones and Sec. 16 ties title to registration.
TM can still be useful notice, but the practical priority step is a valid application. Search first, document the decision and file before a public launch creates avoidable conflict risk.
What if another business copies a TM brand?
An unregistered claimant may have evidence of use, passing-off or other arguments depending on the facts, but TM itself is not an enforcement right. Preserve dated packaging, invoices, advertising and ownership records.
Read what can happen when someone copies an unregistered logo. A professional search and early filing generally create a clearer record than relying on the symbol alone.
How long can R remain on packaging?
Under Sec. 18D, a registered trademark lasts 7 years from registration. Sec. 23B allows renewal for further 7-year terms without a fixed numerical limit.
If the registration expires and is not restored through the applicable renewal route, continued registered-status claims need review. Use the renewal calculator and renewal service, then verify the Department record.
What should foreign owners know?
An overseas registration does not automatically create registered status in Nepal. Sec. 21B requires registration in Nepal, so foreign owners need the applicable national route and should not assume that overseas ® packaging proves Nepal protection.
Prepare local representation and power of attorney records early. Paris Convention priority may be available in a qualifying case, but it is not the same as automatic registration.
Can company or domain registration justify R?
No. Registration with the Office of the Company Registrar creates a company record, while a domain registration controls a contractual internet address. Neither is a Department of Industry trademark certificate.
The same business name can therefore appear in a company record while facing a trademark conflict. Before printing ®, verify the trademark register rather than relying on the company certificate, PAN record, social-media handle or domain receipt.
A coordinated launch still checks all of those assets. The brand launch service can align name clearance, company use, domain planning and trademark filing without treating the records as interchangeable.
Where should the symbol appear?
Businesses commonly place a symbol at the upper-right of the word or logo, but Nepal's Act does not prescribe a mandatory corner, size or font for TM, SM or ®. Legibility and truthful status matter more than decorative placement.
Use the symbol consistently enough to communicate its message without attaching ® to unregistered descriptive text, slogans or product variants. For crowded packaging, a clear legend can identify which sign is claimed or registered.
What does a careful packaging example look like?
This is an illustration, not a real case. “Pahad Pantry” searches and files its word mark for packaged food, then uses Pahad Pantry™ while the application is pending.
After receiving the certificate, it verifies that the registered word and covered goods match the label before changing to Pahad Pantry®. A later café launch triggers a separate class review instead of assuming the food registration covers restaurant services.
Common mistakes
- Using ® after filing but before registration.
- Calling ™ a government registration symbol.
- Treating ℠ as a separate Nepal legal right.
- Using ® for a materially different logo.
- Assuming one registered class covers the entire business.
- Leaving ® on packaging after an unreviewed expiry or ownership change.
- Believing a company name, domain or foreign registration creates Nepal status.
In short
Use TM or, optionally, SM to communicate an unregistered brand claim. Use the registered R symbol only when a Department registration certificate supports that factual message.
Before printing ®, check the exact mark, owner, class scope and active term. The symbol is useful notice, but it can never enlarge or replace the registration record.
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For a certificate or packaging-status review, contact IP Sewa.
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