Trademark Class 40 in Nepal is filed with the Department of Industry under the Patent, Design and Trademark Act 1965. It covers material-treatment services like tailoring, printing, plating, food processing and recycling. If no one opposes, the mark usually reaches a registration certificate in about 12–14 months.
Key Takeaways
Class 40 is a services class, so it protects the name or logo for the service you provide, not the goods you sell. In Nepal, the DoI applies the Nice Classification, one application per class, and the mark moves through examination, bulletin publication, opposition, registration and renewal.
- Class 40 is for material treatment: you change a material, substance, or object as a service.
- Tailoring, printing, metal plating, welding, food processing, recycling, air purification and water treatment can all sit here.
- Repair and maintenance without real change usually fall in Class 37, not Class 40.
- Printed goods, clothes, fabric and packaged products are usually separate goods classes, not Class 40.
- Nepal is first-to-file, so an earlier valid filing can beat a later launch date.
- One trademark application in Nepal covers one class only, so multi-line businesses often need more than one filing.
- The trademark term is 7 years, renewable, and the DoI handles the process through publication and opposition.
What does Trademark Class 40 mean in Nepal?
Class 40 protects a service mark for businesses that transform materials or substances for customers. WIPO’s Nice Classification uses the same idea worldwide, and the Department of Industry follows that structure in Nepal. If your service changes the material itself, you are usually in Class 40, not in a goods class.
That matters for brand registration. A registered mark in Class 40 protects the name, logo, or wordmark used for the service, while an OCR company name alone does not give the same trademark right. If you are unsure, our NICE class finder is the quickest starting point.
For a live check of earlier marks, use the public trademark database search before you file. A clean search can save you from a refusal later.
Which services usually belong in Class 40?
Class 40 is broad, but the rule stays simple: if you are processing, treating, printing, or custom-making something for another person, this class may fit. In Nepal, that often includes tailoring shops, print houses, metal finishers, food processors, and recycling or water-treatment businesses.
| Service group | Typical Nepal examples | Why it fits Class 40 |
|---|---|---|
| Textile and garment treatment | Custom tailoring, dressmaking, embroidery, cloth dyeing | You are treating or changing material for a client. |
| Printing services | Offset printing, screen printing, 3D printing for others | The service is printing, not selling the printed goods. |
| Metal and industrial treatment | Plating, welding, galvanizing, casting, polishing | You are changing the form or finish of a material. |
| Food and drink processing | Preservation, smoking, pasteurising, milling, brewing for others | The service alters or preserves the product for another party. |
| Environmental treatment | Recycling, air purification, water treatment, waste processing | The service treats a substance or waste stream, not a product line. |
For the full class logic, WIPO’s Nice list is the global reference point, and the DoI applies it in Nepal. Use the class, then write the service list in plain words that match what you really do.
How do you tell Class 40 from Class 37 and other nearby classes?
The clean test is this: if the service changes the material, it usually sits in Class 40; if it only repairs, maintains, or cleans an existing object, it usually sits in Class 37. Food decoration can move to Class 43, while the goods you sell often belong in Class 16, 24 or 25.
A common mistake is filing a service as if it were a product. Printing services are Class 40, but a printed brochure or book is usually Class 16. Likewise, custom tailoring is Class 40, but a ready-made shirt is usually Class 25. That split is where many filings go wrong.
How do you register a Class 40 trademark in Nepal?
The filing process is the same trademark route the DoI uses for other classes. First, check earlier marks, then prepare a clear specification of services, file the application, wait for examination, and then watch the bulletin and opposition window. If the mark survives, you receive the registration certificate.
- Search the register for earlier Class 40 or similar service marks, especially word marks and logos close to yours. Our team can help with a professional trademark search if you want a deeper conflict review.
- Confirm the exact services you provide. “Tailoring services” is better than a vague label like “manufacturing.” Use the class finder to narrow the wording.
- File one application for Class 40 with the Department of Industry. Nepal uses one class per application, so if your brand also covers goods or another service class, you need separate filings.
- Let the DoI examine the mark, then check the published record and the Industrial Property Bulletin. If someone objects, the opposition period runs for 90 days.
- After publication and no successful opposition, the DoI issues the registration certificate. If you want end-to-end help, our trademark registration service handles the filing and prosecution steps.
For a smooth case, the process can feel fast at the end, but the normal planning number is still about 12–14 months. The quickest straightforward matters can finish in about 6–8 months, yet that is the best case, not the standard. If you want a current filing estimate, ask our team through contact.
What documents do you need for Class 40 filing?
The DoI can ask for the application form, the mark specimen, applicant details, and a clear list of services in Class 40. If a company files, board authority may be needed. If a foreign owner files, a Nepal-based representative is used. Keep the mark image and wording consistent across documents.
- Applicant name, address and identity details.
- Wordmark, logo, or combined mark specimen.
- Exact Class 40 service description.
- Power of attorney where an agent files for you.
- Company papers if the applicant is a firm or company.
- Priority documents if you claim an earlier foreign filing.
If you file from abroad, Nepal does not use Madrid for trademarks. The application goes directly through the DoI with a Nepal-based agent or representative.
What does the law say about Class 40 trademarks?
The legal base is the Patent, Design and Trademark Act 1965, read with the Nice Classification practice used by the Department of Industry. The key trademark rules are the classification rule in Sec. 18A, the publication and opposition process in Sec. 21–21A, and the 7-year renewable term under Sec. 23B.
That legal structure is why filing early matters. Nepal is first-to-file, so the first valid application usually gets the right. If your service brand is already used in the market, that helps commercially, but registration still comes from the DoI. For the official framework, see the WIPO Nice Classification reference and the Department of Industry.
What are the most common Class 40 mistakes?
The biggest mistakes come from mixing services with goods, or mixing treatment with repair. A clever brand name does not fix the wrong class. A vague filing can also cause trouble later, especially when your real business spans tailoring, printing and finished goods at the same time.
- Filing repair or cleaning work as Class 40 when it belongs in Class 37.
- Filing a printed book or brochure in Class 40 instead of the goods class.
- Forgetting that ready-made clothes, fabric, or packaging may need other classes.
- Using vague language like “manufacturing services” without saying what you actually do.
- Waiting until after launch to file, even though Nepal follows first-to-file.
If your mix looks confusing, compare it with goods versus services trademark classification in Nepal or review the broader guide to choosing the right trademark class.
What does a Nepal example look like in practice?
Imagine a Kathmandu brand called Sajilo Stitch & Print House. It offers custom tailoring, embroidery, and printing services for hotels and schools. The service brand belongs in Class 40. But if it also sells ready-made shirts, those products need a goods class too. The company name at OCR is separate from the trademark right.
That is the kind of split that matters in real filing work. The trade mark protects the service identity used on invoices, signage, and ads. The goods classes protect the things you sell. A small tailoring brand can easily need more than one class once it grows.
What if your business does both manufacturing and sales?
Then you usually need more than one filing. Nepal uses one application per class, so a service business that also sells goods should map both sides before filing. A print house may need Class 40 for printing and Class 16 for the printed items. A tailor may need Class 40 plus Class 25 for apparel sales.
This is where a proper clearance search helps. If your brand is close to another mark, a conflict review can save time before you file. You can start with our trademark search service, then move to filing if the path is clear. If you are ready to file, the DoI route is handled by our trademark registration team.
In short
Trademark Class 40 in Nepal is the class for services that treat or transform materials. Think tailoring, printing, metal finishing, food processing and recycling. Keep the line between transformation and repair clear, file early with the DoI, and split out any goods classes your business also needs.
People also search for
These related guides help when you are choosing classes, checking what a trademark can cover, or mapping a broader brand filing plan in Nepal.
- What is NICE Classification? Trademark classes explained
- How to choose the right trademark class in Nepal
- Goods vs services in trademark classification in Nepal
- What is a trademark in Nepal?
- What can be trademarked in Nepal?
- Brand protection checklist for new businesses in Nepal
- Intellectual property registration in Nepal: full guide
If you're unsure whether your service fits Class 40 or needs extra classes, check existing marks on our trademark database, use the NICE class finder, and speak with our team via contact. For filing help, see our trademark registration service.











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