Trademark Registration for Software Companies in Nepal

Software companies in Nepal can register a word mark, app name or logo through the Department of Industry. The filing strategy should separate downloadable software in Class 9 from SaaS and development services in Class 42, identify the correct owner and distinguish trademark protection from rights in source code.

Key takeaways

• A word mark can protect the software name without tying it to one logo design.
• Downloadable and recorded software generally belongs in Class 9.
• SaaS, online non-downloadable software and development services generally belong in Class 42.
• Company, domain and app-store registrations do not replace trademark registration.
• The company should settle ownership before a founder, investor or reseller files.
• Nepal requires a separate application for each Nice Classification class.
• A registered mark has a renewable seven-year term.

What should a software company protect?

Start with the signs customers use to identify the business: the company-facing brand, product names, app names, platform names and distinctive logos. A corporate name and a product brand can be different assets, and one registration does not automatically cover every future product in a portfolio.

The current WIPO Class 9 publication includes recorded and downloadable software. The correct filing describes what customers receive rather than claiming the entire technology industry.

Is downloadable software in Class 9?

Yes. Downloadable computer software, recorded programs and downloadable mobile applications generally belong in Class 9. Drafting should identify the software's function where useful, such as downloadable accounting software or downloadable educational applications.

An applicant should not copy every software entry. The description should reflect products genuinely supplied or planned under the mark. Use the goods and services search and current WIPO wording as drafting aids.

When does software belong in Class 42 instead?

Class 42 generally covers software as a service, platform as a service, providing online non-downloadable software and software design or development. Class 9 covers the downloadable or recorded software product. A business offering both may need separate applications because Nepal uses one application per class.

Which nearby classes should technology businesses check?

The correct class follows the branded offering, not the fact that a company uses software. The Nice class finder can help map products and services, but each final description needs review.

Does registering a company name protect the brand?

Not in the same way. Selecting a company name, registering an entity, securing a domain and filing a trademark are separate acts. A company registration does not establish that the name is available as a trademark or give a registration certificate for Class 9 goods.

Search exact and similar words, sound-alikes, transliterations and logos before committing to a launch. The IP Sewa database searches marks published in Department bulletins; a blank result does not prove availability because unpublished applications and other conflicts may exist.

What should a software-brand search cover?

Review Class 9, Class 42 and related fields where customers may expect one source to supply the product and service. Search the company name, product names, abbreviations, sound-alikes, transliterations and similar icons. The conflict checker helps organise research, while the trademark search service can assess risk.

Record the search date, terms, classes and close results so the filing decision can be explained later. Repeat the search if the mark, logo, owner or product scope changes before filing.

What documents should applicants prepare?

Prepare the exact applicant name and address, a clear representation of the mark, a focused goods list and current authority documents. Requirements can differ for an individual, Nepali company and foreign owner, and agency filings may require a power of attorney.

Do not rely on a generic checklist copied from another applicant type. Confirm the current form, signing, notarisation, corporate and priority-document requirements with the Department of Industry or the filing representative.

How does a software company file a trademark?

The Patent, Design and Trademark Act 1965 provides the national route. Sec. 17 addresses applications, Sec. 18 examination and registration, and Sec. 18A requires separate applications for different classes. Nepal follows a first-to-file framework, so earlier valid filing can matter when competing applicants seek similar marks.

Sec. 2(c) defines a trade mark as a word, symbol, picture or combination used to distinguish one person's goods or services. Sec. 16 restricts copying or using another person's registered mark without transfer or written permission, while Sec. 18C addresses cancellation after one year of non-use.

1. Identify the owner. Match the applicant to the entity that controls the software brand.
2. Map the portfolio. Separate company, product and platform brands.
3. Choose the classes. Distinguish downloadable software from SaaS, development, retail and training.
4. Search the mark. Review close names, logos and related classes.
5. Prepare and file. Submit one application for each class with the correct authority documents.
6. Answer examination. Address similarity, distinctiveness or specification questions.
7. Track publication. Save the exact Bulletin issue and opposition deadline.
8. Verify registration. Check the owner, mark and scope on the certificate.

What happens after the application is filed?

The Department examines the application and may raise issues about the mark or goods. If the application qualifies for publication, it appears in the Industrial Property Bulletin. The Department's 8 July 2025 Bulletin stated a 90-day opposition period for the listed applications. That is the standard period for a published trademark, counted from Bulletin publication; the deadline the Department states prevails, so act before the last day.

No current official service standard guarantees a filing-to-certificate time, so plan around examination, publication scheduling, responses and any opposition rather than a numerical promise.

How long does registration last?

Sec. 18D gives a registered trademark a term of 7 years from registration. Sec. 23B permits renewal for further seven-year terms. The ordinary renewal deadline continues for 35 days after expiry; the statutory six-month late-renewal route follows that ordinary deadline.

Keep the certificate and owner details current, and use the trademark renewal service to review the record before the deadline. Renewal preserves only the registered mark and listed goods.

Does a trademark protect source code or software ownership?

No. It protects the registered sign in relation to listed goods or services, subject to the Act and registration record. It does not establish authorship of source code, ownership of repositories, rights in commissioned development or title to every future product. Copyright, patent and contract questions involve different rights.

Use of a mark without registration and ownership of a company name should not be described as registered trademark protection. Legal-effect and infringement questions should be reviewed by a lawyer.

What might an illustrative software description say?

A downloadable accounting product might be described as “downloadable computer software for accounting and invoice management.” A consumer app might use “downloadable mobile applications for personal budget management.” These examples are illustrative only; the wording must match the applicant's actual product and current accepted terminology.

A hosted product might require Class 42 wording for providing online non-downloadable software or software as a service, tied to its function. Development and consultancy are services distinct from the downloadable program. Review exact WIPO entries and Department practice before filing.

Should you file the word mark, logo or both?

A word mark focuses on the name without tying protection to one font or icon, while a logo or combined mark includes visual features. For many software companies, the product name is the durable asset because interface and icon design change more frequently. Search both verbal and visual elements before deciding.

A redesigned logo can move away from the representation on an older certificate even when the name remains the same. The brand name generator may help early ideation, but it is not a clearance opinion.

Who should own the software word mark?

The applicant should match the intended long-term owner. A founder, operating company, holding company, overseas parent and client are not interchangeable. Review employment, shareholder, development and assignment documents before filing.

If a product began as a founder's side project, do not assume incorporation automatically transferred its name or goodwill. Ownership and permitted use should be documented, especially before investment, licensing or a reseller launch.

What should foreign software owners know?

Nepal is not part of the Madrid System, so an international registration does not automatically extend trademark protection here. A foreign owner uses the national application route and should confirm current local representation and document requirements.

A priority claim and an ordinary Nepal filing are not identical. Preserve the earlier application evidence and obtain advice on whether the claim satisfies the applicable requirements and deadline.

What should happen after registration?

Use the mark consistently for the registered goods, preserve product and marketing records, and check that owner details remain accurate. Review new products before assuming they fall within an older specification.

Watch later Bulletin issues for potentially conflicting applications and assess objections within the notice deadline. The opposition and enforcement service can assist with a specific conflict, while legal remedies should be assessed on their facts.

How would a software startup map its filings?

Imagine “Himal Cloud” offers a downloadable accounting app, browser-based accounting software and training webinars. This is an illustration, not a real case. The app points to Class 9, the online software service to Class 42 and the training to Class 41.

The founders should first assess the name and logo, then file precise descriptions for the offerings they will genuinely use. Adding a payment terminal later may expand the Class 9 goods, but it does not mean an old application automatically covers that product.

Common mistakes in software trademark filing

• Assuming a company or domain registration clears the trademark.
• Calling every digital offering “software” without stating how it is delivered.
• Filing Class 9 for SaaS while omitting Class 42.
• Searching only the exact spelling or only one class.
• Using an outdated or excessively broad goods list.
• Listing the wrong owner or relying on the wrong applicant checklist.
• Treating filing as if it were already a registration certificate.

What should a software filing checklist include?

• Confirmed applicant identity and ownership.
• Clear word mark, logo or combined representation.
• Current Class 9 goods and Class 42 service wording tied to the product.
• Portfolio map for company, app, platform and service brands.
• Similar-mark search across names, sounds and logos.
• Authority and priority documents verified for the applicant type.
• Bulletin and renewal tracking after filing.

In short

A software company should identify its durable word mark and product brands, confirm ownership, separate downloadable goods from online services and search before launch. File Class 9 and Class 42 only where the real offerings require them, and treat registration as the result of the process rather than the starting assumption.

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For an owner, search and specification review before filing, use the trademark registration service or contact IP Sewa.