A software company in Nepal registers its name as a word mark with the Department of Industry, one class at a time. Downloadable apps and programs are Class 9; SaaS, hosting and software development are Class 42. A trademark protects the name, not the code, and the company should own it.
Key takeaways
- A word mark protects the name in any font or logo, so it outlasts redesigns.
- Under the NICE classification, downloadable software is Class 9 and SaaS or development work is Class 42.
- Nepal needs one application per class under Sec. 18A of the Patent, Design and Trade Mark Act 1965.
- Our index holds 398 published Class 9 and 42 entries whose list names software, apps or a platform; 224 came from 2023 onwards.
- A trademark does not protect source code; copyright and written contracts do that work.
What should a software company register?
Start with the names customers use to find you: the company brand, each product name, app names and any platform name. A company name and a product name are separate assets, and one registration does not cover future products under other names.
Sec. 2(c) of the Act, published by the Nepal Law Commission, defines a trade mark as a word, symbol, picture or combination that distinguishes one person's goods or services. For most software firms the name is the asset that lasts.
Should you file a word mark, a logo or both?
A word mark covers the name itself, written in any style. A logo registration covers the picture as filed, so a redesigned icon can drift away from the certificate even when the name stays the same.
App icons and interface design change often, so many software companies file the word mark first and the logo once it settles. Search both before deciding.
Is downloadable software Class 9?
Yes. WIPO's current Class 9 list names computer programs, downloadable; computer software applications, downloadable; computer software, recorded; and computer game software, downloadable. A mobile app that users install is Class 9 goods.
Name what the software does rather than copying every entry, for example downloadable accounting software. The goods and services search helps with wording; our Class 9 guide covers the class in depth.
When is software Class 42 instead?
When you provide it as a service. WIPO's Class 42 note names software as a service (SaaS) and platform as a service (PaaS), and the list includes providing online non-downloadable computer software, computer software design, computer programming, and creating and maintaining websites for others.
A firm that builds software for clients is Class 42 for that work. A company that both ships an app and runs the service behind it usually needs Class 9 and Class 42. Hosted-only products are covered in our SaaS trademark guide.
Which other classes catch a software business?
The class follows the branded offering, not the fact that a company uses software.
| Offering | Class | Why |
|---|---|---|
| Downloadable or installed app | 9 | Software as goods. |
| SaaS, PaaS, hosted platform | 42 | Software as a service. |
| Custom development, websites for clients | 42 | Design and programming. |
| Installing or repairing hardware | 37 | Excluded from Class 42. |
| Telecom or data transmission | 38 | Carrying signals. |
| Online shop, marketplace, file management | 35 | Business services. |
| Coding courses, training | 41 | Education. |
| Printed manuals | 16 | Paper goods. |
Check anything unusual with the NICE class finder, and our Class 42 guide for the service side.
What does Nepal's register show for software brands?
Across 123 Industrial Property Bulletin issues, from January 2006 to 16 October 2026, our index holds 3,566 Class 9 entries and 1,358 Class 42 entries. Most printed lists say only "AS PER HRC" or similar, so the software share is hard to read directly.
Counting entries whose printed list names software, apps or a platform gives 398: 334 in Class 42 and only 64 in Class 9. The pace has jumped, with 174 such entries from 2006 to 2022 and 224 since 2023, including 83 in 2026 so far.
These are IP Sewa counts of published Bulletin entries, not official statistics, and they show no registration status. Browse a class with search by NICE class.
Who files software marks in Nepal?
Mostly Nepali companies: 344 of the 398 software entries carry a Nepali owner address. Grouping name spellings so one owner counts once, F1Soft International Pvt. Ltd. has at least 17 entries naming software, apps, computers or websites, including BANK SMART and FONE POINTS.
On the same count, Daraz Kaymu Private Limited follows with 15 in 2023 and 2024, Kazi Studios Pvt. Ltd. 12 in 2025 and Infodevelopers Pvt. Ltd. 10. Newer names include Ioxet Labs Pvt. Ltd., whose mero.erp was published in 2026. Look up any rival with the owner search.
Why do so few Nepali software marks cover Class 9?
Most local filings describe a service, so they land in Class 42. Matching owner and mark name, only 13 Nepali marks of any kind appear in both Class 9 and Class 42.
That leaves a gap for any company whose customers install an app. Ncell Axiata Limited, for example, had Ncell Business published in both classes in 2026. If people download your product, file Class 9 for it.
Does a company registration protect the software name?
No. Registering the company, buying the domain and listing an app in a store are separate steps, and none of them is a trademark registration or proof that the name is free. Title comes from registration under Sec. 16, and the first-to-file principle generally applies, so a launch announcement shows your name to anyone who could file it first.
Search exact and similar names, sound-alikes, transliterations and icons before launch. The published trademark search covers marks in Department bulletins; a blank result is not proof of availability, and the conflict checker helps organise the review.
Who should own the word mark?
The company that will control the brand long term, not a founder, a developer or a reseller. If the product began as a side project, do not assume incorporation moved the name; record the transfer in writing.
An overseas parent, a Nepali subsidiary and a client who paid for the app are different owners. Decide before filing, because the certificate names one.
Does a trademark protect your code?
No. A trademark protects the name for the listed goods or services. It says nothing about who wrote the code or who owns the repository.
Under the Copyright Act the author is generally the first owner, subject to specific exceptions, so do not rely on payment alone: get a signed written assignment from outside developers. Our software copyright guide covers that side, and legal-effect questions need a lawyer.
How do you file a software trademark in Nepal?
Filing happens at the Department of Industry, one class at a time:
- Confirm the owner. Name the company that controls the brand.
- Map products to classes. Downloads are 9; hosted services and development are 42; other offerings are separate Sec. 18A filings.
- Search the mark. Check Classes 9, 42 and 35 for close names and icons.
- Write the specification. Name the software's function in published wording.
- File the application. Sec. 17 asks for the prescribed form with four specimens of the mark, plus a power of attorney where an agent files.
- Answer examination. Under Sec. 18(1) the Department investigates and gives you a chance to be heard.
- Watch the Bulletin. The 90-day opposition window runs from publication; act before the deadline the Department states.
- Collect the registration certificate. Once the registration fee is paid, the Department issues it under Sec. 18(2).
Over the 12 latest issues, our records show a median filing-to-publication gap of about 3.5 months, though about one mark in six waits over two years. An unopposed mark typically takes about 12 to 14 months to certificate, 6 to 8 in the smoothest cases; treat both as guidance, not a promise. Our trademark registration service runs each stage.
What documents does the application need?
Under current Department practice, a Nepali company provides the form, four specimens of the mark, a board resolution and, where an agent files, a notarised power of attorney. An established business adds its latest tax clearance; a new startup will not have one yet, so confirm the checklist the Department of Industry publishes.
Costs depend on the filing; the fee calculator shows sourced, dated government fees.
How long does registration last?
Seven years from registration under Sec. 18D, and the mark is renewable any number of times, seven years at a time, under Sec. 23B. Renew within 35 days after expiry; a six-month late window follows on a fine, after which the registration is cancelled automatically.
Under Sec. 18C, a mark not used within one year of registration can be cancelled after inquiry, so file for products you will really launch. The renewal calculator works out the dates.
What should foreign software owners know?
Nepal is outside the Madrid System, and under Sec. 21B a foreign registration has no force here until the mark is registered in Nepal. Foreign owners file through a local representative under a power of attorney.
A Paris Convention priority claim needs a copy of the earlier filing. Our guide for US companies covers the foreign route.
Common mistakes
- Filing an app only in Class 42. If users download it, it is Class 9.
- Treating company registration as a trademark. It is not.
- Filing in the founder's name. Name the company that will own the brand.
- Registering only the logo. A new icon can leave the name unprotected.
- Writing "software" with no function. Say what the software does.
- Ignoring a rival's new mark. The opposition window closes 90 days after publication; our opposition service can act inside it.
What does a three-class software portfolio look like?
This is an illustration, not a real case. "Himal Ledger", a Lalitpur startup, sells a downloadable accounting app, runs a browser version on a subscription, and builds custom versions for banks.
The app is Class 9. The subscription service and the custom development are both Class 42, so they share one application. If it later runs paid training for accountants, that is Class 41, a third filing.
Filing the word mark in Classes 9 and 42 before launch avoids owning the service but not the app people install.
In short
Register the name as a word mark, owned by the company. Downloads are Class 9; SaaS, hosting and development are Class 42; reselling is 35 and training 41.
Nepal's software filings have more than doubled their pace since 2023, yet few cover Class 9. Search first and name real products. For a written view, our trademark search service weighs the conflicts.
People also search for
- What does Class 9 cover?
- What does Class 42 cover?
- How to trademark a SaaS product in Nepal
- How copyright protects software in Nepal
Launching a software product? Contact IP Sewa and we will map your products to the right classes.
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