What Can & Can't Be Trademarked in Nepal (2026)

In Nepal, you can register a distinctive word, logo, slogan, symbol, or word-and-logo combination with the Department of Industry (DoI) under the Patent, Design and Trademark Act 1965. A straightforward unopposed application typically takes about 12–14 months, while generic, deceptive, unlawful, or conflicting signs may be refused.

Key Takeaways

The DoI assesses trademark eligibility under the Patent, Design and Trademark Act 1965 before publication in the Industrial Property Bulletin. A registrable mark must distinguish your goods or services, avoid harm to another mark’s goodwill, and fit the relevant NICE Classification class in Nepal’s first-to-file system.

• A distinctive trademark can be a name, wordmark, logo, device, slogan, or combined label.
• Generic names and ordinary descriptions of goods or services are weak choices and may be refused.
• Nepal follows first-to-file, so an earlier valid application can block a later applicant.
• One trademark application protects one NICE class; wider brand protection needs separate filings.
• A company name registered with the Office of the Company Registrar (OCR) is not automatically a registered mark.
• The DoI publishes accepted applications in the Industrial Property Bulletin before registration.
• A trademark registration lasts seven years and can be renewed in further seven-year terms.

What can be trademarked in Nepal?

The DoI can register a word, symbol, picture, or combination used to distinguish your goods or services under Sec. 2(c) and Sec. 18 of the Patent, Design and Trademark Act 1965. In practical terms, trademark eligibility covers distinctive brand names, logos, labels, slogans, and combined word-and-device marks.

A trademark is a badge of business origin. It tells buyers that momo sauce, trekking gear, software services, or a café experience comes from one identifiable source. The law is not rewarding a clever phrase alone; it is protecting a sign that customers can connect with your business.

A word mark protects a name in text, such as a coined brand name. A device mark protects visual artwork, such as a mountain-shaped logo. A combined mark protects the exact relationship between the wording and design. A slogan may also qualify if buyers see it as a brand identifier rather than ordinary advertising language.

Many businesses use “TM” beside a name before registration. That symbol can signal a claim to a brand, but it does not create a DoI registration. Use “®” only after receiving a registration certificate; Sec. 18B prohibits presenting an unregistered mark as registered.

Which trademark types should a Nepali business consider?

Businesses usually choose between a word mark, logo mark, slogan, or combined mark, but each filing is assessed separately by the DoI under Sec. 18. A word mark normally gives the most flexible brand registration protection because it is not tied to one font, colour, or logo layout.

In practice, a startup often begins with a word mark because the business name may outlive its first logo. If the logo is commercially important, it may be sensible to file it separately. Registering only a stylised label can leave a gap if another trader later uses your name in a different visual style.

A common mistake we see is treating company incorporation as business-name protection. OCR registration concerns the company entity. Trademark registration with the DoI concerns the sign you use in the market. You may need both, and one does not replace the other.

What cannot be trademarked in Nepal?

The DoI refuses signs that damage another trademark’s goodwill, are already registered in another person’s name, harm a person or institution’s reputation, or adversely affect public conduct, morality, or national interest under Sec. 18. These refusal grounds sit alongside the basic need for a distinctive trademark.

First, avoid a mark that merely describes the goods or services. “Fresh Bread” for a bakery, “Fast Delivery” for courier services, or “Pure Honey” for honey tells customers what is being sold, not who sells it. Other traders need ordinary trade words to describe their own goods honestly.

Second, avoid generic terms: the ordinary name of the product itself. You cannot claim exclusive rights in “Tea” for tea or “Shoes” for shoes simply by filing first. Adding a common graphic may not solve the issue if customers will still understand the core wording as a product description.

Third, avoid misleading signs. A mark that implies an origin, quality, ingredient, approval, or business link that does not exist may be deceptive. A foreign-sounding name is not automatically barred, but you should not use it in a way that gives buyers a false impression about where a product comes from.

Finally, do not assume an official-looking emblem, state reference, or offensive expression is safe because it appears distinctive. Public order, morality, national interest, and institutional reputation matter in the DoI’s assessment. Borderline signs deserve legal review before you invest in packaging and promotion.

How does Nepal’s first-to-file rule affect trademark eligibility?

Nepal’s first-to-file system gives priority to the first valid application rather than the first business to use a name, and Sec. 18 prevents registration that harms another mark’s goodwill. The DoI therefore examines whether an earlier registered mark or application creates a confusing conflict in the same or related class.

Availability is different from distinctiveness. “Himalayan Lantern” may be distinctive for a café, but it still may not be available if a similar earlier mark covers related restaurant services. Search for spelling changes, sound-alikes, translations, and similar logo ideas, not just identical wording.

You can begin with the public Nepal trademark database search, then use the trademark conflict checker to screen likely risks. For a filing decision, a professional trademark clearance search and opinion can assess similarity, class coverage, and the practical likelihood of objection.

Do not rely on a foreign registration as proof that a mark is free in Nepal. Nepal is not part of the Madrid System. Foreign applicants generally file directly with the DoI through a Nepal-based agent or representative, although a Paris Convention priority claim may be relevant in the right circumstances.

Which NICE classes apply to a trademark application?

The DoI uses the NICE Classification, which divides goods and services into 45 classes, and Sec. 18A requires a separate application for each class. Your trademark eligibility is assessed against the goods or services you identify, so class selection directly affects conflict risk and the scope of a registration certificate.

These examples are starting points, not a filing list. A Kathmandu café selling bottled chilli sauce may need one class for restaurant services and another for the packaged product. Use the NICE class finder to explore options, then confirm the goods and services wording before filing.

How do you register an eligible trademark in Nepal?

You register an eligible trade mark by filing with the DoI, passing examination, publication in the Industrial Property Bulletin, a 90-day opposition period, registration, and certificate issue. The usual unopposed timeline is about 12–14 months, while the smoothest straightforward cases may finish in roughly 6–8 months.

1. Choose the owner and mark. Decide whether the applicant is an individual, company, partnership, or other legal owner. Finalise the exact name, logo, or label you want to protect.
2. Check distinctiveness and conflicts. Test whether the mark is descriptive, deceptive, or similar to an earlier mark. Search the wording and assess related goods or services.
3. Select the NICE class. Prepare a separate application for each class needed. Do not assume one filing covers all products and services under your brand.
4. File the application with the DoI. Submit the prescribed application and supporting documents, including representations of the mark where required.
5. Respond to examination issues. The DoI may ask questions or raise an objection. A clear, timely response matters because vague goods descriptions and similarity concerns can delay progress.
6. Wait for Bulletin publication and opposition. If accepted for publication, third parties have 90 days to oppose. The DoI considers any opposition before it decides whether to proceed.
7. Obtain the registration certificate. If the mark is registered, keep the certificate and renewal date safely recorded. The registration is valid for seven years from registration.

What documents do you need for trademark registration?

Applicants generally submit the prescribed application, a representation or label of the mark, and ownership documents required by the DoI, while foreign applicants also use a Nepal-based representative. The documents support examination under Sec. 17 and Sec. 18, so the applicant name and mark should remain consistent across the full filing set.

A Nepali company commonly needs its application form, board resolution, trademark label, industry certificate, and current tax clearance material. A notarised Power of Attorney is normally needed where an agent acts. Individuals and businesses should confirm the current document list before filing because requirements can depend on the applicant type.

Foreign applicants may need a notarised or certified home registration certificate and priority documents in English where applicable, alongside a Power of Attorney. Nepal is a member of the Paris Convention, but a priority claim is not automatic; it must be properly supported in the national filing.

What does trademark registration cost and how long does it last?

Trademark registration costs depend on the number of NICE classes, government charges, document preparation, search work, and professional assistance, while each DoI registration lasts seven years from registration. Sec. 23B allows renewal for further seven-year terms, so a well-managed registered mark can remain protected indefinitely.

One application covers one class. That is the largest cost driver for most growing businesses. A brand used for cosmetics, retail services, and online software may need more than one filing, while a focused product brand may only need a carefully selected class.

Use the trademark fee calculator for a current class-based estimate, or ask our team through IP Sewa’s contact page for advice on documents, scope, and professional filing support. This article is general information, not legal advice.

Do not forget renewal. The renewal application should be filed within 35 days of expiry. A limited late period may be available, but missed renewal can result in cancellation. If you already hold a certificate, our team can help you with trademark renewal in Nepal.

What mistakes make an otherwise good mark harder to register?

Applicants most often weaken trademark eligibility by choosing descriptive names, filing in the wrong NICE class, overlooking similar earlier marks, or treating company registration as trademark registration. The DoI’s examination and Bulletin process can expose these problems, but correcting them after filing is usually slower and more costly than clearing them early.

Imagine a Pokhara business launching “Pure Mountain Momo” for frozen dumplings. The name sounds appealing, but “pure,” “mountain,” and “momo” may be weak components for those goods. A more distinctive coined house mark, paired with clear product wording such as “frozen momo,” gives the business a better chance to build protectable rights.

Another common error is filing only the logo while using the words everywhere: on menus, delivery apps, invoices, and social media. If the brand name itself matters, consider whether it should be protected as a word mark. Read more about choosing between a logo, wordmark, and icon before finalising your filing plan.

What are the alternatives if your mark is not eligible?

If the DoI is likely to refuse your sign, the practical alternative is usually to adopt a more distinctive mark before filing, rather than rely on an uncertain descriptive claim. A revised word mark can coexist with honest descriptive wording, while separate design, patent, or business measures may protect different assets under Nepal’s industrial-property framework.

You can keep factual product language on packaging without trying to monopolise it. For example, use “organic tea” as a description but place it beneath a distinctive registered brand. If your concern is the visual form of a bottle, packet, chair, or product ornament, industrial design registration support may be more relevant than a trademark.

If a similar application appears in the Industrial Property Bulletin, act within the 90-day opposition window. Our team can help assess the issue and provide trademark opposition and enforcement assistance. The DoI is both the registration authority and a quasi-judicial body for industrial-property protection.

In short: what can be trademarked Nepal depends on whether your sign is distinctive, lawful, available, and correctly classified. Choose a mark that buyers can recognise as yours, file before competitors do, and maintain the registration through timely renewal.

People also search for

These related Nepal trademark questions explain classification, brand assets, symbols, and the public Bulletin used during the DoI registration process.

• What is a trademark in Nepal?
• What is NICE Classification for trademarks?
• What is the difference between a logo and a brand?
• What makes a logo legally protectable?
• Can a slogan be trademarked?
• What do TM and ® symbols mean?
• What is the Industrial Property Bulletin?

Ready to test your name? Search existing marks in the Nepal trademark database, explore filing options through our trademark registration service, or contact IP Sewa’s team for practical guidance on your mark and classes.