TM vs R Symbol in Nepal: What They Mean & When to Use (2026)

In Nepal, use ™ to show you claim a brand and use ® only after the Department of Industry (DoI) grants registration under the Patent, Design and Trademark Act 1965. A straightforward unopposed registration usually takes about 12–14 months, although the smoothest cases can finish in 6–8 months.

Key Takeaways

Trademark symbols in Nepal communicate different stages of brand protection: ™ is a claim, while ® confirms DoI registration under Sec. 18B of the Patent, Design and Trademark Act 1965. Neither symbol replaces a first-to-file application, examination, Bulletin publication, opposition period, and registration certificate.

• Use ™ beside a wordmark, logo, or trade mark that you claim but have not yet registered.
• Use ® only after the DoI issues a registration certificate for that specific mark.
• Do not use ® while an application is pending, even after it appears in the Industrial Property Bulletin.
• Trademark symbols are optional; registration, not the symbol, creates the registered right.
• Nepal follows first-to-file rules, so an early filing matters more than a ™ printed on packaging.
• A trademark registration lasts seven years and can be renewed in further seven-year terms.

What is the difference between TM and R symbols in Nepal?

The key difference is status: ™ identifies a claimed trademark, while ® identifies a mark registered by the Department of Industry. Under Sec. 18B, a business must not present an unregistered mark as registered. The ® symbol therefore belongs after registration, not merely after filing an application.

A trademark is a word, symbol, picture, or combination used to distinguish your products or services from others. Your café name, masala packet logo, delivery-app name, or clothing label may all be marks. The symbol is only a short visual notice. It does not decide who owns the mark.

What does the TM symbol mean for a Nepali business?

The ™ symbol tells customers and competitors that you claim a name, logo, or wordmark as your brand, but it does not show DoI registration. It can appear from launch day and throughout the usual 12–14 month registration process under the Patent, Design and Trademark Act 1965.

For example, imagine a Pokhara snack maker launching the brand “Himal Crunch™” for roasted millet snacks. It may use ™ on packets, menus, social posts, and invoices while it checks the register and files. But another person’s earlier valid application can still create a serious obstacle.

What does the SM symbol mean in Nepal?

The ℠ symbol generally signals a claimed service mark, such as a hotel, courier, consultancy, restaurant, or online-platform brand, before DoI registration. Nepal’s trademark definition covers products and services under Sec. 2(c), but businesses commonly use ™ rather than ℠ for either type of commercial offering.

There is no practical need to force ℠ into a logo just because you provide services. A Kathmandu accounting firm might use “Clear Ledger™” rather than “Clear Ledger℠”. What matters is that the business selects the correct NICE Classification class and seeks registration for the services it actually offers.

When can you use the R symbol in Nepal?

You can use ® only after the Department of Industry registers the exact mark and issues its registration certificate under Sec. 18. Filing, examination, and publication do not yet justify ®. The Industrial Property Bulletin opposition period is 90 days in current filing practice before an unopposed registration proceeds.

This distinction is often missed on labels. A filing receipt is evidence that an application exists, not proof that it has become a registered mark. If DoI raises an objection or a third party files an opposition, the application may require a response before any certificate is issued.

How do trademark symbols relate to NICE classes?

Trademark symbols do not extend protection beyond the NICE Classification class registered at DoI: Nepal uses 45 classes, with Classes 1–34 covering goods and Classes 35–45 covering services. Sec. 18A requires a separate application for each class, so one ® does not automatically protect every activity.

Return to Himal Crunch. Its food products may need a goods class, while a separately branded café or retail service may need another class. Before deciding where to use ®, check what the certificate actually covers with the NICE class finder for Nepal trademark filings.

How do you move from TM to a registered mark?

You move from ™ to ® by filing a complete, class-specific application at the Department of Industry, passing examination, publication, and the 90-day opposition stage, then obtaining a certificate. The normal unopposed route takes about 12–14 months, so filing early is practical first-to-file protection.

1. Search identical and similar names, spellings, and logos before committing to packaging or signage.
2. Select the right NICE class or classes for the goods and services you will provide.
3. Prepare the mark label, application details, and supporting ownership documents.
4. File with the DoI and answer any examination question or objection on time.
5. Wait for Industrial Property Bulletin publication and the opposition period to finish.
6. Receive the registration certificate, then update the relevant mark from ™ to ®.

A public search is a sensible starting point, but it is not a legal clearance opinion. Use the Nepal trademark database search to spot obvious conflicts, then consider professional review where a name is central to your business.

What documents are needed before you can use ®?

You need a successful DoI trademark application and registration certificate before using ®, supported by documents that identify the owner and the mark. Domestic applicants commonly provide the application form, mark label, company papers, tax clearance, and authority documents; foreign applicants file directly through a Nepal-based representative.

A Power of Attorney is normally needed when an agent acts. Companies may also need a board resolution. If you claim Paris Convention priority, supporting filing evidence is relevant. Foreign owners may need home-registration material. Nepal is not in the Madrid System, so a foreign registration does not automatically cover Nepal.

How long does TM versus R status last in Nepal?

A ™ claim has no fixed statutory term because it is not a DoI registration, while a registered ® mark lasts seven years from registration and can be renewed in further seven-year terms. Sec. 18D and Sec. 23B govern the registration term and renewal, subject to timely action by the owner.

Do not treat the certificate as a permanent finish line. Renewal must be handled carefully, and a mark may be cancelled if it is not renewed. A registered mark should also be used genuinely: Sec. 18C allows cancellation where it is not put into use within one year of registration.

What mistakes should businesses avoid with trademark symbols?

The most serious mistake is placing ® on a pending or unregistered mark, because Sec. 18B bars use of a mark as registered without registration. Other common errors include filing in the wrong NICE class, copying a similar logo, assuming a company name is trademark protection, or missing renewal.

• Do not put ® on every business name if only one version is registered.
• Do not assume an Office of the Company Registrar registration gives trademark rights.
• Do not rely on a foreign ® badge as proof of protection in Nepal.
• Do not use ™ as a substitute for checking earlier marks and filing promptly.
• Do not ignore a conflicting application published in the Industrial Property Bulletin.

Registration decisions can have long-term consequences, so this article is general information, not legal advice. If a competitor’s name is close to yours, our team can help with a professional trademark clearance search and advise on the next step.

What should a foreign business know about ® in Nepal?

A foreign business must obtain a Nepal registration before treating ® as a registered Nepal mark, because Nepal is outside the Madrid System and follows a direct national filing route. A Nepal-based agent or representative files with DoI, although Paris Convention priority may be relevant in suitable cases.

WIPO explains the international trademark system, but the Nepal result still depends on the national process at the Department of Industry. Check the official legal text through the Nepal Law Commission and obtain local advice before changing labels for the Nepali market.

In short, should you use TM or R on your brand?

Use ™ while you claim or apply for a mark, and change to ® only once the DoI grants a registration certificate under the Patent, Design and Trademark Act 1965. In Nepal’s first-to-file system, the useful action is not merely adding a symbol; it is clearing, filing, registering, and renewing the right.

If your brand covers more than one class, repeat that work for each class. The visual symbol can be small, but the underlying registration is not. It is the certificate, scope, use, and renewal record that give your business-name protection real weight.

People also search for

These related Nepal trademark guides explain what a mark is, what can be protected, and what happens when a competing brand appears in the market or on the register.

• What is a trademark in Nepal?
• What can be trademarked in Nepal?
• What is NICE Classification for trademarks?
• Registered vs unregistered trademarks in Nepal
• Company registration versus trademark registration in Nepal
• Logo vs brand: what are you really protecting?
• What happens if someone copies an unregistered logo?
• How are trademark disputes between Nepali brands resolved?

Before putting ™ or ® on your next label, search existing Nepal trademarks, use our trademark fee calculator for current cost guidance, or contact our team for help with trademark registration, renewal, opposition, or enforcement.