Trademark Class 35 in Nepal — Advertising, Retail & Business Services (What It Covers & How to File)

Trademark Class 35 in Nepal is the NICE services class for advertising, retail, business management, and office functions. You file it with the Department of Industry under the Patent, Design and Trademark Act 1965, and the usual path is file, examine, publish, oppose, register, then get the certificate.

Key Takeaways

• Class 35 protects a service mark for advertising, retail, marketing, and business support services, not the products you sell.
• In Nepal, one trademark application covers one NICE class, so a business that sells across several classes may need more than one filing.
• Retail shops, e-commerce stores, ad agencies, consultants, and marketplace platforms are the most common Class 35 applicants.
• If you sell your own branded goods, Class 35 may protect the shop or platform name, while the product itself may need a goods class too.
• The Department of Industry examines the mark, publishes it in the Industrial Property Bulletin, and allows a 90-day opposition period.
• Foreign applicants do not use Madrid or PCT for Nepal; they file directly through a Nepal-based representative.
• For a proper clearance, check existing marks at the public trademark database and use the NICE class finder before filing.

What does trademark class 35 protect in Nepal?

Class 35 protects the service of promoting, organising, or selling goods for others. It is the right fit for advertising agencies, retail chains, online marketplaces, and business consultancies. If you sell products under your own label, Class 35 may protect the shop or platform name, while the product itself may need a separate goods class.

Who should file a Class 35 trademark in Nepal?

File Class 35 if your brand is tied to retail trademark use, advertising, business support, or marketplace activity. That includes supermarkets, e-commerce stores, social media sellers, ad agencies, wholesalers, franchisors, and consultants. If your company name matters in the market, you should also think about trademark protection, not only registration at the Office of the Company Registrar (OCR).

Many Nepali founders make one simple mistake: they register the company name at OCR and assume the brand is protected. It isn't. Company registration and trademark registration are different rights. If you want actual brand protection, the mark needs to be filed as a registered trademark with the Department of Industry.

Which services fit NICE Class 35, and which ones do not?

Class 35 is broad, but it still has boundaries. The easiest way to judge it is by asking whether the service promotes, manages, or sells goods for someone else. If the work is finance, delivery, web design, or restaurant service, you are probably in another class. The WIPO NICE Classification guidance is the global reference point.

How do you file a Class 35 trademark in Nepal?

Filing starts with a clearance search, then a class choice, then a direct application to the Department of Industry. Nepal is a first-to-file system, so the earliest valid filing matters. If your brand is already in use but not filed, someone else can beat you to the register. Our team can help you with trademark registration or a pre-filing conflict check.

1. Search existing marks in Nepal, especially similar names in retail, advertising, or marketplace services.
2. Pick Class 35 only if the core service is advertising, business support, or retail/service presentation.
3. Prepare the mark exactly as you want it filed: wordmark, logo, or combined mark.
4. File the application with the Department of Industry and wait for examination.
5. Watch for publication in the Industrial Property Bulletin and the 90-day opposition window.
6. If no valid opposition is sustained, the DoI issues the registration certificate.

If you are a foreign business, do not assume your home-country filing will cover Nepal. Nepal is not in Madrid, and patents/designs are also filed nationally. A Nepal-based agent or representative must handle the local filing. If you want a filing team to manage the paperwork, send the details through our contact page.

What documents do you need for a Class 35 filing?

The document set is simple, but it must be clean. For a company, the Department of Industry usually expects the application details, the mark specimen, authorisation or Power of Attorney, and supporting company documents. If you claim priority from another country, you also need the priority papers. For a foreign applicant, a local representative is mandatory.

Do not overprepare the class list. For Class 35, the real issue is the service description: write what you actually do, not every business idea you may try later. If the service is too broad or vague, examination becomes harder and objections become more likely. A clear filing saves time.

What does Class 35 cost to file in Nepal?

Costs depend on the number of classes, whether you need a search first, whether the mark is word-only or logo-plus-word, and whether the filing is domestic or foreign. You also need to account for government fees and professional filing work separately. For a current figure, use the fee calculator or send the details to our team.

In practice, the biggest cost drivers are not the class number alone. They are the number of classes, the amount of clearance work, the quality of the draft, and whether an opposition or office objection appears. If you later expand into product classes, each extra class needs its own application.

What is the legal basis for Class 35 in Nepal?

The legal base is the Patent, Design and Trademark Act 1965, read with the NICE Classification used by the Department of Industry. Nepal is first-to-file, so the earliest valid application matters. The Act also uses a class-by-class filing structure, which is why one trademark application does not protect every business line at once.

For the statute text, you can check the Department of Industry and the Law Commission versions of the Act. For the class system itself, WIPO remains the standard reference for the Nice list. In Nepal practice, the Industrial Property Bulletin, examination, opposition, and registration certificate are the steps that matter day to day.

What are the most common Class 35 mistakes?

The biggest mistake is filing a retail trademark when the real risk is in the product class. A supermarket name may be Class 35, but a private-label rice, cosmetic, or clothing line may need a goods class too. Another common error is treating OCR company registration as trademark protection. It is not.

• Using Class 35 for the shop name, but forgetting the product class for own-branded goods.
• Writing a vague service description that does not match the actual business.
• Skipping clearance and later colliding with an older mark already in the register.
• Assuming a foreign filing automatically covers Nepal.
• Using the mark as if it were registered before the DoI issues the certificate.
• Ignoring opposition and then losing time that could have been defended early.

If a conflicting mark is already published or registered, the remedy may be opposition or enforcement, not just a new filing. That is where our opposition and enforcement service can help. For most applicants, the cheaper fix is still a proper search before filing.

What is a realistic Nepal example for Class 35?

Imagine a Kathmandu brand called Himal Basket. It runs an online grocery platform, advertises on social media, and offers retail presentation of packaged food from multiple suppliers. That brand would usually file Class 35 for the platform and retail service. If it later launches its own pasta or spice line, those product names may need separate goods classes too.

Another practical example is an agency called Blue Ridge Media. Its value is not a product on a shelf; it is marketing, ad buying, and public relations. For that business, Class 35 is the right home. The same logic applies to wholesale traders and business consultants who need brand protection for the service side of the business.

What if your business is more than retail?

Many Nepali businesses are mixed. A café may sell coffee under a product brand, run a delivery channel, and have a booking website. An e-commerce company may also build software or design packaging. In that case, Class 35 is only one piece. You may need Class 43, Class 42, or a goods class as well, depending on what you actually offer.

The safe rule is simple: protect the service brand in Class 35, then add other classes only where the business really uses them. That is how you build a sensible filing plan instead of a broad but weak one. If you want to compare classes before filing, our NICE class finder and trademark database search are the fastest starting points.

In short

Trademark Class 35 in Nepal is for advertising, retail, e-commerce, business management, and office services. It protects the service brand, not the goods themselves. File it with the Department of Industry, search first, and add other classes only where your business really needs them.

• Use Class 35 for retail, marketplace, and marketing services.
• Do not confuse company registration with trademark rights.
• Search before filing to cut refusal risk.
• Plan for the DoI timeline and the 90-day opposition window.

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If you want to clear a name, check the public record, or file Class 35 the right way, start with our trademark search, review our trademark registration service, or send your details through our contact page; if you need class selection help, use the class finder.