Trademark Class 37 in Nepal — Construction & Repair Services (What It Covers & How to File)

Trademark Class 37 Nepal covers construction, installation, repair, maintenance and cleaning service brands. You file one Class 37 application with the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965, and an unopposed application typically takes about 12–14 months to reach registration.

Key Takeaways

Class 37 protects the brand used for physical construction, installation, repair and maintenance services in Nepal. The DoI applies the NICE Classification’s 45-class system, and trademark rights follow Nepal’s first-to-file rule. A Class 37 registration lasts seven years from registration and can be renewed.

• Class 37 covers construction, plumbing, electrical work, roofing, vehicle repair, cleaning and equipment maintenance.
• It protects a service brand, not the bricks, tools, vehicles or other goods used to provide the service.
• Architectural design is generally Class 42, material treatment is Class 40, and storage is Class 39.
• One DoI trademark application covers one NICE class, so related services may need separate filings.
• The DoI examines the mark before publication in the Industrial Property Bulletin and a 90-day opposition period.
• A registered trade mark is valid for seven years and renewable in further seven-year terms.

What does trademark Class 37 cover in Nepal?

NICE Class 37 covers services that construct, install, repair, maintain or clean physical property. In Nepal, the DoI uses the NICE Classification, which has 45 classes: Classes 1–34 for goods and Classes 35–45 for services. Class 37 is therefore the central service class for many contractors and repair businesses.

The practical test is simple. Your team is usually performing Class 37 work if it builds something, fits something into place, restores it, keeps it working, or cleans it. Examples include building construction, road paving, masonry, carpentry, plumbing, painting, electrical installation, air-conditioning repair, lift maintenance, vehicle servicing and laundry services.

Class 37 also includes mining extraction, quarrying, drilling wells, and oil or gas drilling. Rental of construction equipment may also fit where it is a Class 37 service. The exact wording matters because the goods and services description defines the commercial scope of your application.

A construction trademark can be a wordmark, logo, symbol, or a combination used to distinguish your services from another provider’s services. A registered mark helps customers identify the source of work under names such as “Himal Build”, “Valley Fix” or “SureRoof Services”. It does not give a monopoly over ordinary descriptive words by themselves.

Which NICE classes should a construction business check alongside Class 37?

Class 37 applies to the physical work, but a construction business may need other NICE classes for separate activities. The DoI requires a separate application for each class under Sec. 18A of the Patent, Design and Trademark Act 1965. Class selection should reflect the services you actually offer or plan to offer.

A frequent mistake is filing only Class 37 where the company sells materials under its own brand. For example, a contractor offering installation services may need Class 37, while separately branded cement, paint, hardware or machinery may sit in different goods classes. Use the NICE class finder to test the language before deciding.

Who should file a Class 37 construction trademark in Nepal?

Contractors, construction companies, repair workshops, electricians, plumbers, painters, cleaning firms and equipment-maintenance providers should consider Class 37 protection. Nepal follows first-to-file principles, so the first valid DoI application carries major importance. A registered brand can be used across Kathmandu projects, regional service teams and franchise-style repair operations.

This class suits civil contractors building homes, commercial premises, roads or water systems. It also suits a garage carrying out motor vehicle maintenance, a company installing solar-related equipment, a laundry service, or a business repairing machinery. The key is the service your customer buys, not the industry label on your company registration.

Registering a company with the Office of the Company Registrar (OCR) is not the same as trade mark registration. OCR registration establishes a company or business entity; DoI trademark registration protects the brand in the class applied for. If your company name and customer-facing brand differ, consider the mark customers actually see.

How do you register a Class 37 trademark with the DoI?

You register a Class 37 mark by filing a class-specific application at the DoI, undergoing examination and waiting through publication. Under the PDTA process, an accepted mark appears in the Industrial Property Bulletin for a 90-day opposition period before registration. A clear, well-described application reduces avoidable examination issues.

1. Search the proposed mark. Check exact names, similar spellings, sounds and logos used for construction or repair services. Start with the public Nepal trademark database search, then obtain professional conflict analysis where the brand is valuable.
2. Select Class 37 and write the service list. Use terms that accurately describe services, such as building construction, plumbing, vehicle repair or cleaning. Do not copy a broad list of services you will never provide.
3. Prepare the application materials. Finalise the applicant’s name, address, mark label and supporting company papers. A wordmark and a stylised logo can raise different clearance questions.
4. File the application with the DoI. The filing date matters in Nepal’s first-to-file system. If your brand spans other classes, file separate applications for those classes.
5. Address examination and publication. The DoI reviews the mark for conflicts and registrability. If accepted, it is published in the Industrial Property Bulletin for opposition.
6. Obtain the registration certificate. If no opposition prevents registration, the DoI completes registration and issues the certificate. Keep the certificate and renewal date safely recorded.

What documents are needed for a Class 37 trademark application?

A Nepali applicant generally needs the prescribed application, trademark label, notarised power of attorney and company supporting papers for DoI filing. Foreign applicants also need home-country trademark evidence and must appoint a Nepal-based representative. The DoI may seek clarification where documents, ownership details or mark specimens are incomplete.

For a domestic company, prepare the application form, the mark label, a notarised power of attorney, board resolution, industry certificate and latest tax-clearance letter. If claiming Paris Convention priority, include a notarised or certified copy of the earlier filing receipt or application in English.

For a foreign company, the usual set includes the application, label, board resolution, notarised power of attorney, priority material where applicable, and a notarised or certified home registration certificate in English. Nepal is not part of the Madrid System, so an international registration does not automatically protect a construction trademark in Nepal.

How long does Class 37 registration take and what affects the cost?

An unopposed Class 37 application typically takes about 12–14 months from filing to certificate at the DoI. The smoothest straightforward cases may finish in about 6–8 months. Costs depend on the number of NICE classes, government charges, professional work, document preparation and whether examination or opposition issues arise.

Because one application covers one class, a contractor filing Class 37 plus other service or goods classes should expect a separate filing path for each. A thorough search before filing is usually cheaper than discovering a conflict after branding vehicles, uniforms, site boards and invoices.

Use the trademark fee calculator for a current planning estimate, then ask our team for advice where your business has several marks, classes or foreign ownership documents. This article is general information, not legal advice; get case-specific help through IP Sewa’s contact team.

What legal rules and practical mistakes should Class 37 applicants know?

The Patent, Design and Trademark Act 1965 governs Class 37 registration through the DoI. Sec. 16 ties trademark title to registration, Sec. 18 addresses registration, and Sec. 18A requires separate applications by class. The Act also supports seven-year trademark terms, renewable in further seven-year periods.

DoI can refuse a mark that is already registered for another person, harms another mark’s goodwill, offends public conduct or morality, or affects national interest. A common mistake we see is treating a company-registration certificate, domain name or social-media page as proof that the brand is free. None replaces clearance against prior trademark filings.

Another mistake is filing a highly descriptive name such as “Best Construction and Repair” without a distinctive element. A stronger name gives you a clearer identity and usually a better basis for separation from competitors. You should also use the registered mark: Sec. 18C allows cancellation where a registered mark is not used within one year of registration.

Do not use ® as though the mark is registered before the DoI issues its registration certificate. You may use TM informally to signal a claimed brand, but it does not create the statutory registered rights that follow DoI registration. If a conflicting published mark appears, our team can help with trademark opposition and enforcement support.

How would Class 37 work for a realistic Nepal construction business?

Imagine a Lalitpur contractor trading as “Sajilo Build” that constructs homes, repairs roofs and installs plumbing. Class 37 is the natural starting point because customers hire it for physical construction and repair. Filing early at the DoI matters because Nepal uses first-to-file registration rather than first use alone.

The company should search “Sajilo Build”, close spellings and similar-sounding terms before signs and project boards are printed. If it also offers paid architectural drawings under the same brand, Class 42 should be considered separately. If it sells branded paint or tools, those goods call for their own class assessment.

Its Class 37 description should remain honest and useful: for example, building construction, roofing services, plumbing, electrical installation and repair. It should not claim mining extraction or vehicle servicing just because those services appear in the broad Class 37 heading. Precise wording makes later brand protection easier to understand and defend.

What are the alternatives and edge cases for repair service brands?

Class 37 remains correct where the business physically repairs or maintains an item, but some mixed services need more than one class. The DoI recognises one class per application, and the NICE Classification separates goods, business services and professional services. A mixed construction business should map each revenue activity before filing.

A software company that remotely manages building systems may need Class 42 for software and technical services, even if technicians also visit sites for repair work under Class 37. A hardware retailer may need Class 35 for retail services and goods classes for its products. The right answer depends on what you offer under the mark.

Foreign businesses can use a Paris Convention priority claim where the conditions are met, but they still make a direct national filing through a Nepal-based agent. For official institutional information, consult the Department of Industry and the WIPO NICE Classification resources.

In short: Class 37 protects the construction, installation, repair and maintenance side of your business. Search early, choose each class based on the actual service, file before competitors do, and renew the DoI registration every seven years.

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These related Nepal trademark guides explain classification, registrability and the difference between goods and service classes under the DoI system.

• What is the NICE Classification for trademarks?
• How do I choose the right trademark class in Nepal?
• What is the difference between goods and services trademark classes?
• What is a trademark in Nepal?
• What can be trademarked in Nepal?
• Trademark Class 6 in Nepal for metals and hardware
• Trademark Class 7 in Nepal for machines

Before filing your construction trademark, search existing Nepal trademarks, review the trademark registration service, and contact our team for Class 37 filing advice.