Trademark vs Company Registration in Nepal (You Need Both)

Company registration and trademark registration solve different problems in Nepal. The Office of Company Registrar records a company as a legal entity. The Department of Industry records a trademark for specified goods or services. Approval in one system does not automatically provide approval, ownership or protection in the other.

Key takeaways

• Company registration establishes the legal entity and its corporate name.
• Trademark registration concerns a sign used to distinguish goods or services.
• The Office of Company Registrar and Department of Industry maintain different records under different laws.
• A company-name approval is not a trademark clearance opinion.
• A trademark applicant can be a company, firm or individual under the Patent, Design and Trade Mark Act 1965.
• Nepal requires a separate trademark application for each Nice class.
• The intended owner should be settled before filing either record.

What does company registration do?

Registration with the Office of Company Registrar creates a company under Nepal's Companies Act 2063 (2006). The record identifies the legal entity, its approved corporate name, registered office, capital and governance information.

That entity can then take other steps required for its activities, such as tax, sector, local or industry registrations. Company registration alone does not certify that every proposed business activity or brand use is lawful.

What does trademark registration do?

A trademark registration records a word, logo or other qualifying sign for specified goods or services. Section 16 of the Patent, Design and Trade Mark Act 1965 connects title to registration at the Department of Industry.

The registered scope is not every use of every similar word. The recorded mark, owner, class, goods or services and surrounding legal facts matter.

Why are the authorities different?

The Office of Company Registrar administers company formation and corporate records. The Department of Industry examines patents, designs and trademarks under the industrial-property statute.

Each office asks a different question. The OCR does not issue a trademark registration certificate, and the Department's trademark certificate does not incorporate a company.

Does an approved company name clear the trademark?

No. A company-name check is performed for corporate registration purposes. It does not necessarily search every registered, pending or published trademark across relevant Nice classes.

Before investing in signs, packaging or advertising, search the brand separately. IP Sewa's database covers marks published in the Industrial Property Bulletin, not the full live register or every unpublished application.

Can a trademark owner be different from the company?

Yes. Section 2(c) recognises a firm, company or individual as a possible trademark user or owner. A founder might apply personally, while the operating company later uses the brand under an agreement.

That arrangement should be deliberate. Accidental separation can complicate investment, licensing, sale and enforcement. Confirm the intended long-term owner before filing.

Do most businesses need both registrations?

A company that trades under an important brand often benefits from both records, but “you need both” is too absolute. An individual can own a trademark, and a company may trade mainly under a brand owned elsewhere under a valid agreement.

The practical question is whether the chosen business structure and brand-ownership structure support the commercial plan. A founder should review both before launch, fundraising or licensing.

Which registration should come first?

There is no universal sequence. If the future company should own the mark, forming it first can avoid an immediate transfer. If launch timing requires an earlier trademark filing, the ownership and later company-use arrangement should be documented.

What matters is not leaving the gap unexplained. Search both naming systems before committing publicly and preserve the approvals, applications and agreements.

Is Nepal strictly first-to-file?

Nepal is commonly described as first-to-file because Section 16 ties title to registration. Filing date is important, but the slogan does not replace examination, opposition, cancellation, goodwill and appeal provisions.

A company registration date does not automatically become a trademark priority date. Nor does early company formation guarantee that the later mark will satisfy trademark law.

How should you clear a proposed name?

1. Check the corporate name. Search the OCR system and follow its current name-approval process.
2. Search published trademarks. Review exact wording, variants, phonetic matches and similar logos.
3. Map goods and services. Identify what customers will buy under the mark.
4. Check relevant classes. Search the intended class and commercially related fields.
5. Review other identifiers. Domains and social handles are separate availability questions.
6. Choose the owner. Align the company, founder and any group entity before filing.
7. Record the decision. Keep search results and corporate approvals with the launch file.

The conflict checker, owner search and trademark search service can support the trademark side of that work.

How do Nice classes change the answer?

The Nice Classification groups goods in Classes 1–34 and services in Classes 35–45. WIPO publishes the current Nice Classification, while Section 18A requires one Nepal application per class.

The company name remains one corporate identifier, but the trademark portfolio may require several applications. Use the class finder and goods and services search to organise the actual offer.

What does each registration protect?

Which documents overlap between the two filings?

The trademark packet for a company may reuse details from its corporate record, such as the exact legal name, address and registration evidence. That reuse does not combine the applications; it simply proves who the trademark applicant is.

A company applicant commonly records its internal approval through a board resolution. Where a representative acts, a power of attorney serves a different purpose under Sec. 20. Review the document-overlap guide before signing.

Should you register the word or the logo?

The company register records the corporate name, not a portfolio of device marks. On the trademark side, the word and logo can be separate signs with different practical scope.

If customers say the name but the artwork changes frequently, the word mark may be especially important. If a distinctive symbol drives recognition, a separate device application may be valuable. The choice depends on use, budget and risk, not the OCR certificate.

What if the trademark search finds a conflict?

Verify the owner, class, mark, publication and current status before deciding what the result means. A similar word in an unrelated field is not automatically fatal, while a close mark for related goods may require a name change or legal assessment.

Do not submit a company-name approval as the answer to a trademark objection. A pending or published conflict may call for narrower wording, a different mark, negotiation or an available opposition route. Use the opposition and enforcement service for case-specific review.

How long does the trademark record last?

Section 18D gives a trademark a renewable 7-year renewal term from registration. The corporate entity may continue while compliant, so the two records do not share one expiry date.

Keep the trademark certificate and renewal date in a separate portfolio diary. The renewal calculator can support planning, but the Department record controls.

What about PAN, VAT and industry registration?

Tax and sector records perform other jobs. A PAN or VAT record concerns tax administration; an industry or local permit may concern the activity, premises or regulator.

None automatically substitutes for company formation or trademark registration. Put each approval in its correct lane instead of using the word “registration” as if every certificate has the same legal effect.

Can a company license or transfer a trademark?

Trademark ownership is a separate asset question. Section 21D addresses transfer and permitted use, and Section 16(2) cross-references written permission.

A share sale changes who controls the company but does not necessarily change the registered trademark owner. An asset sale may require a separate assignment and Department recordal.

What if the company changes its name?

A corporate name change does not automatically update every trademark record, domain, contract or licence. Review each record and document the relationship between the former and new names.

Keep the OCR evidence and confirm the Department's current recordal requirements. A mismatch can complicate renewal, enforcement or a later transaction.

Where does the trademark process go after filing?

The Department examines the application under Section 18. Accepted marks may be published in the Industrial Property Bulletin before registration.

Read the notice governing the application for the opposition window. For example, the 8 July 2025 bulletin provided a 90-day opposition period before registration.

What does a startup example look like?

Suppose two founders plan a delivery platform called PATHBASKET. This is an illustration, not a real case. They discover the corporate name is available, but a similar published mark appears in a relevant service class.

Instead of treating OCR approval as clearance, they assess the trademark conflict before launch. They form the intended company, document its ownership of the final brand and file the appropriate separate class applications.

Common mistakes

• Calling company-name approval a trademark search.
• Assuming the company must own a founder's pre-existing mark automatically.
• Letting a consultant, distributor or affiliate apply in its own name without a reason.
• Using one spelling at the OCR and another in the trademark packet.
• Thinking PAN, VAT or an industry licence protects the brand.
• Searching only the exact name and ignoring similar marks.
• Assuming one trademark application covers every class.
• Ignoring the Industrial Property Bulletin after filing.
• Failing to update trademark records after a company change.
• Treating a domain or social handle as legal trademark clearance.

In short

Company registration creates the legal vehicle; trademark registration records the brand sign for stated goods or services. A business may need both, but the owner, timing and scope should come from the actual structure. Search both systems and keep their records consistent.

People also search for

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• Which company and trademark documents overlap?
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To assess the brand side of a new business, use the trademark registration service or contact IP Sewa.