Trademark vs Trade Name in Nepal: Key Differences

A trademark and a trade name are not the same thing in Nepal. A trade name is your company's official name registered with the Office of the Company Registrar (OCR). A trademark is the brand name, logo, or symbol you use to sell goods or services, registered with the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. Only a registered trademark gives you exclusive nationwide rights to stop others from using your brand.

Key Takeaways

• A trade name registered at the OCR prevents another company from incorporating with an identical name — but it does not give you brand-protection rights.
• A trademark registered at the DoI gives you the exclusive legal right to use that mark on your goods or services and to sue infringers.
• Nepal is a first-to-file country — the first person to register a mark owns it, regardless of who used it first in the market.
• You can use your trade name as a trademark, but you must separately register it with the DoI to get enforceable rights.
• Relying only on a company registration leaves your brand completely exposed — anyone can register your brand name as their trademark.
• A trademark registration lasts 7 years and is renewable indefinitely; a trade name lasts as long as your company renewal filings stay current.

What exactly is a trade name in Nepal?

A trade name is the official legal name under which your business is registered with the Office of the Company Registrar (OCR). It appears on your company registration certificate, your PAN/VAT registration, your bank accounts, and your tax filings. When you incorporate a private limited company — say, "Himalayan Bean Coffee Pvt. Ltd." — that entire phrase is your trade name. The OCR checks whether the proposed name is identical to an existing registered company name, and if it is not, your company gets that name. But the OCR's check is narrow: it only looks at the companies register, not at the trademark register at the DoI.

What is a trademark, and how is it different?

A trademark is a brand identifier — a word, logo, symbol, or combination that distinguishes your goods or services from those of another business. Under Sec. 2(c) of the Patent, Design and Trademark Act 1965, a trademark is defined as a "word, symbol, or picture or a combination thereof" used to distinguish products or services. When you register "Himalayan Bean" as a trademark with the Department of Industry, you get the exclusive right to use that name on coffee products, café services, or packaging — nationwide. A trade name stops another company from incorporating with the same legal name; a trademark stops another business from selling under the same brand name. These are two separate registers, two separate laws, and two very different sets of rights.

Why registering only a trade name leaves your brand exposed

A common mistake we see: a business registers a company at the OCR, prints signage and packaging, builds goodwill for two years — and then discovers someone else has registered their brand name as a trademark at the DoI. Because Nepal operates on a first-to-file system, the trademark belongs to whoever filed first at the DoI, not whoever used the name first in the market. The OCR registration gives you zero priority at the DoI. If that happens, you may have to rebrand entirely — or fight a costly passing-off case under common law, which is uncertain and expensive compared to the straightforward protection a registered mark provides. The trademark register and the companies register do not talk to each other. You must protect your name on both.

Where do you register each one?

You register a trade name at the Office of the Company Registrar when you incorporate your company or register a firm. This is part of the company formation process. You register a trademark at the Department of Industry (DoI), specifically with its intellectual-property section, using the process laid out under the Patent, Design and Trademark Act 1965. The DoI is also the body that examines trademark applications, publishes accepted marks in the Industrial Property Bulletin, handles the 90-day opposition window, and issues the registration certificate. For a foreign company, both processes run through a Nepal-based agent or representative, but the registers remain completely separate.

Can a trade name also be a trademark?

Yes — and for most businesses in Nepal, they should be the same. If your company is "Himalayan Bean Coffee Pvt. Ltd.", you would typically file "Himalayan Bean" (without the corporate suffix) as a wordmark trademark, and possibly your logo as a separate device mark. You can register the word portion of your trade name as a trademark with the DoI as long as it meets the distinctiveness requirements and does not conflict with an existing registered mark. Many businesses also trademark a shorter trading name or a tagline that is different from their full company name. The key point is that the trademark application at the DoI is a separate legal step from company incorporation — it does not happen automatically.

How do you register a trademark in Nepal — step by step

The trademark registration process at the DoI follows a clear statutory sequence under the Patent, Design and Trademark Act 1965. Here is the full flow, from search to certificate.

1. Search the trademark database. Before filing, run a search to check whether an identical or confusingly similar mark is already registered or pending in your NICE class. Our trademark database search lets you check this in minutes.
2. Identify your NICE class(es). Nepal follows the NICE Classification — 45 classes in total, with a separate application required per class. Use the NICE class finder to identify which class covers your goods or services.
3. File the application. Submit the Schedule 1(c) application form with four specimens of your mark and the required documents to the DoI. A separate application and fee apply for each class.
4. DoI examination. The Department examines your mark for distinctiveness and checks for conflicts with prior registrations. If it raises an objection, you get a chance to respond.
5. Publication in the Industrial Property Bulletin. If the mark passes examination, the DoI publishes it. A 90-day opposition window opens — any third party can challenge the registration during this period.
6. Registration and certificate. If no opposition is filed (or if an opposition is resolved in your favour), you pay the registration fee and receive the Schedule 2(c) registration certificate. The whole process typically takes about 12–14 months end to end.

What documents do you need for trademark registration?

The documents required differ slightly between domestic and foreign applicants. For a Nepali business, you will typically need: a completed application form, a notarised power of attorney signed by the applicant and attested by two witnesses, a board resolution of the company, a label or specimen of the trademark, a certificate of industry, and your latest tax clearance letter. For a foreign applicant, you additionally need a notarised copy of your home-country trademark registration certificate in English. Our team can help you prepare and review these documents — reach out to us for guidance specific to your situation.

How long does each registration take, and how long does it last?

A company registration at the OCR can be completed in a matter of days to weeks, depending on document readiness. A trademark registration at the DoI typically takes about 12–14 months when unopposed; in the most straightforward cases it can be as fast as 6–8 months. Once registered, a trademark is valid for 7 years from the date of registration, renewable indefinitely for further 7-year periods. You must file for renewal within 35 days of expiry; a six-month grace period applies with a late fee. A trade name, by contrast, lasts as long as you keep your company filings current — there is no separate trade-name term.

What are the cost factors — and why two registrations cost differently?

Registering a trade name costs whatever your company incorporation process costs — it is part of forming the entity itself. Registering a trademark involves separate government fees charged per NICE class, plus professional fees if you use an agent. Since Nepal requires one application per class, a brand spanning multiple classes (say, a restaurant covering food products in Class 30 and restaurant services in Class 43) will need two applications, each with its own filing fee and registration fee. There is also a separate renewal fee every seven years. We do not list fixed prices here because fees are updated periodically. For a current estimate based on your classes, use our trademark fee calculator or contact us directly.

Real-world example: a Kathmandu bakery

Imagine you open a bakery in Patan called "Yeti Dough Bakery & Café Pvt. Ltd." You incorporate the company at the OCR — that is your trade name, and no other company can register "Yeti Dough Bakery & Café Pvt. Ltd." But your brand in the market is simply "Yeti Dough". You sell packaged granola (Class 30), run a café (Class 43), and plan to sell branded mugs (Class 21). Without trademark registration, a competitor could file "Yeti Dough" as a trademark in Class 30 and stop you from using the name on your granola packaging. To protect yourself fully, you file "Yeti Dough" as a wordmark in Classes 30, 43, and 21 — three separate trademark applications at the DoI. Now you own the brand, not just the company shell. This is the difference that matters in practice.

Common mistakes when relying on a trade name instead of a trademark

• Assuming the OCR check protects your brand. It does not. The OCR only checks the companies register; it has no visibility into the DoI trademark register.
• Printing ™ or ® without registering. Under Sec. 18B of the Act, you may not present an unregistered mark as a registered trademark. Doing so can create legal exposure.
• Filing in the wrong class. A bakery filing only in Class 30 (food products) misses Class 43 (café services) — leaving the core service completely unprotected.
• Filing only the logo, not the wordmark. A logo registration protects that specific design; it may not stop someone from using the same words in a different font. Register the wordmark separately for the strongest protection.
• Waiting too long. In a first-to-file system, every month you delay is a month someone else could file your brand name before you do. We have seen this happen more than once.

What happens if someone takes your brand name?

If you have only a trade name and someone else registers your brand as a trademark, your legal options narrow sharply. You cannot rely on trademark infringement law because you do not own a registered mark. Your main remedy is a passing-off action under common law — essentially arguing that the other party is misleading the public and damaging your goodwill. Passing-off cases in Nepal are fact-heavy, expensive, and slow. They require proving reputation, misrepresentation, and damage — a far higher bar than the straightforward infringement action available to a registered trademark owner. This is why registration is the single most cost-effective insurance you can buy for your brand. If you are facing this situation, our team can discuss your options — get in touch.

How the legal framework fits together

Nepal's system draws from multiple sources. The Patent, Design and Trademark Act 1965 governs trademark registration, renewal, and enforcement. The Companies Act governs trade-name registration at the OCR. Nepal is a member of the Paris Convention and the TRIPS Agreement, which means foreign applicants can claim priority from an earlier home-country filing. The WIPO provides the NICE Classification framework that Nepal follows. However, Nepal is not a member of the Madrid System, so international trademark registrations cannot be extended into Nepal — you must file directly with the DoI through a local agent. You can read the full statutory text on the Nepal Law Commission website or consult WIPO's Nepal profile for treaty information.

In short, a trade name gives your business a legal identity; a trademark gives your brand legal protection. The two serve different functions, sit on different registers, and are governed by different laws. If you are serious about your brand in Nepal, you need both. Start with a trademark search, identify your classes, and file before someone else does. Our trademark database search is free to use and takes minutes. When you are ready to file, our team can handle the full registration process — contact us here. If you want to read more about the full registration journey, see our guide on how to register a trademark in Nepal.

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