Trademark Registration for Fashion & Apparel in Nepal

To register a trademark for fashion and apparel in Nepal, you file an application with 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 your brand name, logo, and product lines for 7 years, renewable indefinitely.

Key Takeaways

• Nepal is first-to-file: the first valid application secures the trademark, not the first user.
• Fashion brands file in NICE Classes 25 (clothing), 18 (leather goods), 35 (retail), and 24 (textiles).
• The Department of Industry examines, publishes in the Industrial Property Bulletin, and issues a certificate after a 90-day opposition window.
• Registration lasts 7 years and can be renewed every 7 years without limit.
• Foreign applicants must file through a Nepal-based agent with a notarised Power of Attorney.
• Common mistakes: filing in the wrong class, missing the opposition deadline, or not renewing on time.
• Use IP Sewa’s NICE Class Finder and Conflict Checker to prepare your application.

Why register a trademark for your fashion brand in Nepal?

Registering your fashion trademark in Nepal gives you the legal right to stop others from using your brand name, logo, or product names. Under the Patent, Design and Trademark Act 1965 (Sec. 16), only the registered owner can use the mark on clothing, accessories, and retail services. Without registration, you risk copycats selling similar products under your brand, confusing customers and damaging your reputation.

In practice, Kathmandu’s busy markets and online stores see many unregistered fashion brands. If someone else files first, you may have to rebrand or fight a costly legal battle. Registration also lets you license your brand to manufacturers or open your own stores with legal protection. It’s a one-time investment that secures your brand’s identity for 7 years, renewable indefinitely.

Which NICE classes apply to fashion and apparel?

Fashion brands in Nepal file trademark applications in one or more of the 45 NICE classes. Each application covers only one class, so you’ll need separate filings for clothing, accessories, and retail services. The Department of Industry uses the international NICE Classification, and the most common classes for fashion are Class 25, Class 18, Class 35, and Class 24.

A common mistake we see is filing only in Class 25 and forgetting Class 35 for retail services. If you plan to open a store or sell online, you’ll need both. Use IP Sewa’s NICE Class Finder to confirm which classes match your products.

Who should file a fashion trademark in Nepal?

Any business or individual that designs, manufactures, or sells clothing, accessories, or textiles in Nepal should file a trademark. This includes local designers, garment factories, online fashion stores, and international brands entering the Nepal market. The Patent, Design and Trademark Act 1965 (Sec. 17) allows both Nepali and foreign applicants to file, but foreign applicants must use a Nepal-based agent with a notarised Power of Attorney.

If you’re a startup, filing early protects your brand before you invest in marketing and inventory. Established brands should file to prevent copycats and to license their name to manufacturers. Even if you don’t manufacture in Nepal, filing secures your brand for future expansion. A common scenario: a Kathmandu-based designer sells t-shirts online and later wants to open a physical store. Without a registered trademark, someone else could register the name first and block the store.

How do you register a fashion trademark in Nepal?

Registering a fashion trademark in Nepal involves five clear steps with the Department of Industry. You’ll file an application, go through examination, publish in the Industrial Property Bulletin, wait 90 days for opposition, and then receive your certificate if unopposed. Here’s how it works in practice:

1. Prepare your application: Choose your mark (name, logo, or both), select the correct NICE class(es), and gather documents like your company registration and tax clearance. Use IP Sewa’s Conflict Checker to avoid similar existing marks.
2. File with the Department of Industry: Submit your application online or in person at the DoI’s Foreign Investment & Technology Transfer Section in Tripureshwor, Kathmandu. You’ll pay the government fee per class and receive an acknowledgment receipt.
3. DoI examination: The Department reviews your application for distinctiveness and conflicts with existing marks. If there’s an issue, they’ll issue an objection letter. You’ll have a chance to respond and clarify.
4. Publication in the Industrial Property Bulletin: If approved, your mark is published for public opposition. Anyone can object within 90 days. If no one opposes, you move to registration.
5. Registration and certificate: Pay the registration fee and receive your certificate. Your trademark is now protected for 7 years from the registration date.

A common mistake is missing the 90-day opposition window. If someone files an opposition, the DoI will hold a hearing, and you’ll need to respond with evidence. IP Sewa’s Opposition Service can help you prepare your response.

What documents do you need for a fashion trademark?

The Department of Industry requires specific documents for fashion trademark registration in Nepal. Domestic and foreign applicants have slightly different requirements, but both need a notarised Power of Attorney and a clear label of the mark. Here’s what you’ll prepare:

For foreign applicants, the Power of Attorney must be notarised in your home country and then attested by the Nepali embassy or consulate. The home registration certificate is only needed if you’re claiming priority from an earlier foreign filing. Use IP Sewa’s Foreign Registration Service to handle the attestation and filing.

How long does fashion trademark registration take in Nepal?

Fashion trademark registration in Nepal typically takes 12–14 months from filing to certificate when the application is unopposed. In the smoothest cases, it can take as little as 6–8 months, but this is rare. The timeline depends on the Department of Industry’s examination speed and whether anyone opposes your mark during the 90-day publication period.

Here’s a realistic month-by-month breakdown:

• Month 1–2: File your application and receive acknowledgment.
• Month 3–6: DoI examination. If there’s an objection, you’ll have 30 days to respond.
• Month 7–8: Publication in the Industrial Property Bulletin. The 90-day opposition window starts.
• Month 10–11: If unopposed, pay the registration fee.
• Month 12–14: Receive your registration certificate.

Opposition can add 3–6 months to the process. If your application is straightforward and no one objects, you might receive your certificate in 8–10 months. Use IP Sewa’s Application Tracker to monitor your status.

What are the cost factors for fashion trademark registration?

The cost of registering a fashion trademark in Nepal depends on three main factors: the number of NICE classes you file in, government fees, and professional service fees. Each class requires a separate application and fee, so a brand that sells clothing, bags, and online retail will pay more than a brand that only sells t-shirts.

Government fees are set by the Department of Industry and cover the application, examination, publication, and registration. These fees are the same for every applicant, but foreign applicants may pay slightly higher fees and must use a local agent. Professional fees vary depending on the complexity of your application and whether you need help with objections or oppositions.

To estimate your total cost, use IP Sewa’s Fee Calculator. It breaks down the per-class structure and lets you compare government vs professional fees. For a single class, the government fee is modest, but adding more classes or facing an opposition can increase the total significantly.

What is the legal basis for fashion trademark registration?

Fashion trademark registration in Nepal is governed by the Patent, Design and Trademark Act 1965 (PDTA) and its amendments. The Act defines a trademark as a word, symbol, or picture used to distinguish products or services (Sec. 2(c)). Registration gives you the exclusive right to use the mark on your goods and services (Sec. 16), and the Department of Industry can refuse marks that damage another’s goodwill or are already registered (Sec. 18).

Nepal follows the first-to-file principle, meaning the first valid application secures the trademark, not the first user. This is why filing early is crucial. The Act also requires marks to be put into use within one year of registration, or the DoI may cancel them (Sec. 18C). Renewal is governed by Sec. 23B, which allows unlimited 7-year terms as long as you renew on time.

Nepal is a member of the Paris Convention and TRIPS, so foreign applicants can claim priority from earlier filings in other member countries. However, Nepal is not part of the Madrid System, so you must file directly through a Nepal-based agent.

What are common mistakes in fashion trademark registration?

Fashion brands in Nepal often make avoidable mistakes when registering trademarks. The most common is filing in the wrong NICE class. For example, a brand that sells clothing but forgets to file in Class 35 for retail services may later find someone else using their name for a store. Another mistake is not conducting a thorough search before filing, leading to objections or oppositions from owners of similar marks.

Missing deadlines is another frequent issue. The 90-day opposition window is strict, and if someone opposes your mark, you must respond promptly. Similarly, the 7-year renewal window is only 35 days, with a 6-month late grace period. Many brands forget to renew on time and risk losing their registration. A third mistake is not using the mark within one year of registration, which can lead to cancellation under Sec. 18C of the PDTA.

To avoid these mistakes, use IP Sewa’s Conflict Checker before filing and set reminders for renewal deadlines. If you receive an objection or opposition, consult a professional to prepare your response.

Can you register a fashion logo or just a wordmark in Nepal?

Yes, you can register a fashion logo, a wordmark, or both together in Nepal. The Patent, Design and Trademark Act 1965 (Sec. 2(c)) defines a trademark as a word, symbol, picture, or combination, so you have flexibility. Many fashion brands register their brand name as a wordmark and their logo separately to maximise protection. For example, a Kathmandu-based streetwear label might register "URBAN HYPE" as a wordmark and its stylised lion logo as a separate figurative mark.

If you register both together, the protection covers only that exact combination. If you later change the logo’s colour or layout, you may need to file a new application. A common strategy is to file the wordmark first, then the logo, so you have broader protection. Use IP Sewa’s AI Brand Name Generator to test how your mark looks in different formats before filing.

A realistic Nepal fashion trademark example

Imagine "Himalayan Threads," a Kathmandu-based sustainable fashion brand that designs and sells organic cotton t-shirts, handwoven scarves, and leather backpacks. The founder, Priya, wants to protect her brand name, logo (a stylised mountain peak), and product line names like "Everest Tee" and "Kathmandu Scarf." Here’s how she would register her trademarks in Nepal:

• Step 1: Identify classes. Priya uses IP Sewa’s NICE Class Finder and confirms she needs Class 25 (clothing), Class 18 (leather backpacks), and Class 35 (online retail store).
• Step 2: Conduct a search. She runs a conflict check and finds no identical marks, but a similar "Himalayan Weaves" in Class 25. She adjusts her logo to avoid confusion.
• Step 3: File applications. Priya files three separate applications—one for "Himalayan Threads" (wordmark), one for the mountain logo (figurative mark), and one for "Everest Tee" (product name). She includes four specimens of each mark and pays the government fee per class.
• Step 4: Respond to examination. The DoI objects to "Everest Tee" as descriptive. Priya submits evidence of distinctiveness through sales and marketing materials.
• Step 5: Publication and opposition. All three marks are published in the Industrial Property Bulletin. A competitor files an opposition against the mountain logo, claiming it’s too similar to their own. Priya works with IP Sewa’s Opposition Service to submit a response with evidence of prior use.
• Step 6: Registration. After 14 months, Priya receives certificates for all three marks. She now has exclusive rights to use "Himalayan Threads," the mountain logo, and "Everest Tee" on her products and in her online store.

This example shows how a real fashion brand navigates the process, from choosing classes to handling objections and oppositions. Priya’s proactive approach ensures her brand is fully protected before she expands to physical stores or international markets.

Alternatives and edge cases for fashion trademarks

Not every fashion brand needs a trademark, and some situations require extra steps. If you’re a small designer selling at local markets, you might start with a business registration at the Office of the Company Registrar (OCR) and rely on passing-off laws (Sec. 16(2) of the PDTA) to stop copycats. However, this is riskier than registration, as you’ll need to prove reputation and customer confusion in court.

For foreign brands entering Nepal, you can file under the Paris Convention and claim priority from your home registration. This gives you a 6-month window to file in Nepal with the same filing date as your original application. However, Nepal is not in the Madrid System, so you must file directly through a local agent. A common edge case is a brand that sells both clothing and cosmetics. These require separate applications in Class 25 (clothing) and Class 3 (cosmetics), even if the brand name is the same.

If your mark is already in use but not registered, you can still file, but someone else might have beaten you to it. In that case, you may need to negotiate a coexistence agreement or rebrand. Use IP Sewa’s Trademark Search to check for conflicts before investing in inventory or marketing.

In short

• Fashion trademark registration in Nepal protects your brand name, logo, and product names under the Patent, Design and Trademark Act 1965.
• File in NICE Classes 25 (clothing), 18 (leather goods), 35 (retail), and 24 (textiles) for full coverage.
• The process takes 12–14 months and involves filing, examination, publication, opposition, and registration.
• Domestic and foreign applicants need a notarised Power of Attorney, company documents, and four specimens of the mark.
• Registration lasts 7 years and is renewable indefinitely, but you must renew within 35 days of expiry.
• Common mistakes include filing in the wrong class, missing deadlines, and not using the mark within one year.
• Use IP Sewa’s tools to check for conflicts, find the right classes, and estimate costs before filing.

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Ready to protect your fashion brand? Start with a trademark search to check for conflicts, then use our NICE Class Finder to confirm your classes. When you’re ready, contact us to file your application with the Department of Industry.