Trademark Registration for Agencies & Startups in Nepal

Agencies and startups in Nepal register trademarks through the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. The process takes 12–14 months, covers one NICE class per application, and protects brand names, logos, and service marks from unauthorised use.

Key Takeaways

• Nepal follows a first-to-file system — the first valid application secures the trademark, not the first user.
• One trademark application covers one NICE class; agencies and startups typically file in Classes 35, 36, 41, and 42.
• The Department of Industry examines applications, publishes them in the Industrial Property Bulletin, and allows a 90-day opposition window.
• Registration is valid for 7 years and renewable indefinitely in 7-year terms.
• Foreign applicants must file through a Nepal-based agent with a notarised Power of Attorney.
• Common mistakes include filing in the wrong class, missing deadlines, and not conducting a conflict search first.

Why agencies and startups need trademark registration in Nepal

Agencies and startups in Nepal register trademarks to protect their brand names, logos, and service marks from unauthorised use. Under the Patent, Design and Trademark Act 1965 (PDTA), registration grants exclusive rights to use the mark in the registered NICE class, preventing competitors from copying or misusing it. Without registration, you risk losing your brand identity and facing costly legal disputes.

In practice, a registered trademark deters copycats and builds trust with clients. For example, a digital marketing agency in Kathmandu that registers its name and logo can stop rivals from using similar branding, which confuses customers and dilutes the agency’s reputation. Registration also makes it easier to enforce rights in court or through the Department of Industry’s quasi-judicial process.

Which NICE classes apply to agencies and startups?

Agencies and startups in Nepal typically file trademark applications in NICE Classes 35, 36, 41, and 42. Each class covers a distinct type of service, and you must file a separate application for each class. The Department of Industry uses the NICE Classification system, which divides goods and services into 45 classes—Classes 1–34 for goods and 35–45 for services.

Class 35 is the most common for agencies, covering advertising, business management, and office functions. Class 36 includes financial and real estate services, while Class 41 covers education, training, and entertainment. Class 42 is for technology and software services, making it essential for tech startups. Filing in the wrong class can lead to rejection, so it’s important to match your services accurately.

How to register a trademark for your agency or startup in Nepal

To register a trademark for your agency or startup in Nepal, follow these five steps with the Department of Industry. The process starts with a conflict search and ends with receiving your registration certificate. Each step requires careful attention to avoid delays or rejections.

1. Conduct a trademark conflict search. Before filing, use the trademark conflict checker to see if your mark is already registered or pending. The Department of Industry’s search tool helps identify potential conflicts in your chosen NICE class. This step saves time and money by avoiding applications that will be rejected.
2. Prepare and file the application. Complete the Schedule 1(c) application form and submit it to the Department of Industry with four specimens of your mark. You’ll also need a notarised Power of Attorney, a board resolution (if filing as a company), and a tax clearance certificate. Foreign applicants must provide a certified copy of their home registration certificate.
3. Department of Industry examination. The DoI reviews your application for distinctiveness and conflicts with existing marks. If there are objections, you’ll receive a notice and have a chance to respond. This stage typically takes 3–4 months, depending on the examiner’s workload.
4. Publication and opposition. If your application passes examination, it’s published in the Industrial Property Bulletin. Third parties have 90 days to file an opposition. If no opposition is filed, the DoI proceeds to registration. If opposed, you’ll need to defend your application through the DoI’s quasi-judicial process.
5. Receive your registration certificate. After the opposition period ends, pay the registration fee and receive your certificate. The trademark is now valid for 7 years and renewable indefinitely. Keep your certificate safe—it’s your proof of ownership.

Documents required for trademark registration

Agencies and startups in Nepal must submit specific documents to register a trademark. The Department of Industry requires these to verify your identity, authority, and the mark’s distinctiveness. Missing or incorrect documents cause delays or rejections, so prepare them carefully before filing.

For domestic applicants, the key documents are:

• Completed Schedule 1(c) application form.
• Four specimens of the trademark (logo, wordmark, or combination).
• Notarised Power of Attorney, signed and attested by two witnesses.
• Board resolution (if filing as a company).
• Certificate of industry registration (if applicable).
• Latest tax clearance certificate.

Foreign applicants must provide additional documents:

• Certified copy of the trademark’s home registration certificate (in English).
• Notarised Power of Attorney, signed, sealed, and attested by two witnesses.
• Board resolution (if filing as a company).

A common mistake is submitting an incomplete Power of Attorney. The document must be notarised and include the signatures of two witnesses. Without it, the Department of Industry will reject your application. If you’re unsure about the requirements, use the owner-applicant search tool to verify what’s needed for your specific case.

Timeline for trademark registration in Nepal

Trademark registration for agencies and startups in Nepal typically takes 12–14 months from filing to certificate. The Department of Industry’s process includes examination, publication, and a 90-day opposition window. In the smoothest cases, registration can be completed in 6–8 months, but delays are common due to examiner workloads or objections.

The timeline breaks down as follows:

Opposition is the biggest variable. If someone files an objection, the DoI holds hearings, which can add 3–6 months to the process. To avoid delays, conduct a thorough conflict search before filing and respond promptly to any examiner objections. For a personalised timeline estimate, use the application number lookup tool.

Cost factors for trademark registration

The cost of trademark registration for agencies and startups in Nepal depends on several factors. The Department of Industry charges government fees per class, and professional fees vary based on the complexity of your application. While you won’t pay the same amount as a large corporation, understanding the cost drivers helps you budget effectively.

The main cost factors are:

• Number of NICE classes. Each class requires a separate application and fee. For example, a digital marketing agency filing in Class 35 (advertising) and Class 42 (software services) pays twice the government fee of a single-class application.
• Government fees. The DoI charges a fee for filing and another for registration. These fees are fixed per class but do not include professional or legal service costs.
• Professional fees. Hiring an agent or lawyer to prepare and file your application adds to the cost. Fees vary based on the complexity of your mark and whether you need help responding to objections or oppositions.
• Foreign vs. domestic filing. Foreign applicants pay higher government fees and must file through a Nepal-based agent, which increases costs. Domestic applicants can file directly but may still need professional help to navigate the process.
• Opposition or objections. If your application faces opposition or examiner objections, you’ll incur additional legal fees to respond. Conducting a conflict search before filing reduces this risk.

To estimate your total cost, use the trademark fee calculator. It accounts for the number of classes, government fees, and professional service costs. For a precise quote, contact IP Sewa with details about your mark and classes.

Legal basis for trademark registration in Nepal

Trademark registration for agencies and startups in Nepal is governed by the Patent, Design and Trademark Act 1965 (PDTA). The Act establishes the legal framework for registering and protecting trademarks, including the rights and obligations of owners. The Department of Industry administers the Act and handles all applications, examinations, and oppositions.

Key sections of the PDTA relevant to agencies and startups include:

• Sec. 2(c): Defines a trademark as a word, symbol, picture, or combination used to distinguish products or services.
• Sec. 16(1): States that trademark rights are acquired only through registration with the DoI.
• Sec. 18(1): Outlines the grounds for refusing registration, such as conflicts with existing marks or harm to public morality.
• Sec. 18A: Requires a separate application for each NICE class.
• Sec. 21A: Mandates publication in the Industrial Property Bulletin and sets the 90-day opposition window.
• Sec. 23B: Establishes the 7-year registration term and renewal process.

The PDTA also aligns with international treaties like the Paris Convention and TRIPS Agreement, which Nepal has ratified. These treaties provide additional protections for foreign applicants, such as priority rights for marks registered in other member countries. However, Nepal is not part of the Madrid System, so foreign applicants must file directly through a Nepal-based agent.

Common mistakes agencies and startups make

Agencies and startups in Nepal often make avoidable mistakes when registering trademarks. These errors delay the process, increase costs, or lead to outright rejections. Knowing what to watch for helps you file correctly the first time and protect your brand without unnecessary setbacks.

The most common mistakes include:

• Filing in the wrong NICE class. Choosing the wrong class is a leading cause of rejection. For example, a tech startup might file in Class 35 (advertising) instead of Class 42 (software services), which doesn’t cover its core business. Use the NICE class finder to match your services accurately.
• Skipping the conflict search. Filing without checking for existing marks risks rejection or opposition. The Department of Industry’s search tool is free and takes minutes to use. A conflict search also helps you avoid infringing on someone else’s rights.
• Submitting incomplete or incorrect documents. Missing documents, like an unsigned Power of Attorney or an uncertified home registration certificate (for foreign applicants), cause delays. Double-check the requirements before submitting.
• Ignoring examiner objections. If the DoI raises an objection, respond promptly and thoroughly. Ignoring it leads to automatic rejection. Common objections include lack of distinctiveness or similarity to existing marks.
• Missing deadlines. The 90-day opposition window and 35-day renewal deadline are strict. Missing them can result in losing your mark or paying late fees. Set reminders and use the renewal calculator to stay on track.
• Assuming first use secures rights. Nepal follows a first-to-file system, not first-to-use. Even if you’ve used your mark for years, someone else can register it first and block you. File as soon as possible to secure your rights.

A realistic example: Trademark registration for a Kathmandu-based digital agency

Imagine "Nepal Digital Solutions" (NDS), a Kathmandu-based digital marketing agency offering SEO, social media management, and web development. NDS wants to register its brand name and logo to protect its identity and prevent competitors from using similar marks. Here’s how the process unfolds:

First, NDS conducts a conflict search using the trademark conflict checker. The search confirms no identical or confusinglysimilar marks exist in NICE Class 35 (advertising and business services) or Class 42 (software and technology services). NDS decides to file in both classes to cover its full range of services. Next, NDS prepares its documents: a completed Schedule 1(c) application form, four specimens of its logo (a stylised "NDS" with a digital wave), a notarised Power of Attorney signed by the company director and attested by two witnesses, a board resolution authorising the filing, and the latest tax clearance certificate. Since NDS is a domestic applicant, it doesn’t need a home registration certificate. NDS files the applications with the Department of Industry and receives an acknowledgment receipt. The DoI examines the applications for distinctiveness and conflicts. After 3 months, the examiner raises a minor objection: the word "Digital" in the mark is descriptive and lacks distinctiveness. NDS responds by arguing that "Nepal Digital Solutions" as a whole is distinctive and has acquired secondary meaning through use. The examiner accepts the response, and the marks are published in the *Industrial Property Bulletin*. During the 90-day opposition period, no third parties file objections. NDS pays the registration fee for both classes and receives its certificates 14 months after filing. The trademarks are now valid for 7 years and renewable indefinitely. NDS can now use the ® symbol, enforce its rights against copycats, and expand its services without fear of brand confusion.

Alternatives and edge cases for agencies and startups

While trademark registration is the most secure way to protect your brand, agencies and startups in Nepal may encounter situations where alternatives or edge cases apply. Understanding these helps you make informed decisions about your intellectual property strategy.

One common edge case is unregistered marks. Under the PDTA, you can’t use the ® symbol or enforce rights through the DoI without registration. However, you may still have limited protection under the doctrine of passing off, which prevents others from misrepresenting their goods or services as yours. Passing off cases are harder to prove and require evidence of reputation and consumer confusion, so registration is always the stronger option.

Another scenario is foreign priority claims. If you’ve registered your trademark in another country that’s a member of the Paris Convention (like India or the UK), you can claim priority in Nepal within 6 months of your home filing date. This means your Nepal application will be treated as if it were filed on the same day as your home application, giving you an earlier effective date. To claim priority, you must submit a certified copy of your home registration certificate with your Nepal application.

Startups with multiple brands or sub-brands may wonder whether to file separate applications for each. The answer depends on your business strategy. If each brand operates independently (e.g., a holding company with distinct product lines), separate applications make sense. If the brands are closely related (e.g., a parent brand and its tagline), you might file them together in the same application. However, each mark must meet the distinctiveness requirement, so generic or descriptive taglines may not qualify.

Finally, agencies and startups expanding into new services should consider additional NICE classes. For example, a digital marketing agency that starts offering AI-powered chatbot development might need to file in Class 42 (technology services) in addition to Class 35 (advertising). Use the NICE class finder to identify the right classes for your evolving business.

In short

• Agencies and startups in Nepal register trademarks to protect brand names, logos, and service marks from unauthorised use.
• The Department of Industry handles registration under the Patent, Design and Trademark Act 1965, with a typical timeline of 12–14 months.
• File in the correct NICE classes (usually 35, 36, 41, or 42) to cover your services; each class requires a separate application.
• Prepare documents carefully, including a notarised Power of Attorney, board resolution, and specimens of your mark.
• Conduct a conflict search before filing to avoid rejections or oppositions, and respond promptly to any examiner objections.
• Registration is valid for 7 years and renewable indefinitely; renew within 35 days of expiry to avoid late fees.
• Common mistakes include filing in the wrong class, skipping the conflict search, and missing deadlines.
• Foreign applicants must file through a Nepal-based agent and provide a certified home registration certificate.

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Ready to protect your agency or startup’s brand? Start with a trademark search to check for conflicts, or contact IP Sewa for expert help with your application. Use the NICE class finder to identify the right classes for your services and the fee calculator to estimate your costs.