In Nepali, a trademark is called ट्रेडमार्क: Nepal's law uses the English word itself, and the Act is titled पेटेण्ट डिजायन र ट्रेडमार्क ऐन, २०२२. A trademark is a name, logo, symbol or picture that tells customers whose goods or services they are buying. The Department of Industry registers trademarks in Nepal.
Key takeaways
- The Nepali law writes "trademark" as ट्रेडमार्क, a word borrowed from English.
- A trademark identifies the source of goods or services: a brand name, logo, label or a mix of these.
- Rights come from registration at the Department of Industry (DoI). Registering a company does not register its name as a trademark.
- Nepal is first-to-file, and each NICE class needs its own application.
- A registration lasts 7 years and can be renewed again and again. Use ® only after registration.
What is the Nepali word for trademark?
The Act that governs trademarks in Nepal uses the English word, written in Devanagari as ट्रेडमार्क. Its Nepali title is पेटेण्ट डिजायन र ट्रेडमार्क ऐन, २०२२, which is the Patent, Design and Trademark Act 2022 BS, or 1965 in the Western calendar.
So if you are looking up "trademark meaning in Nepali", the legal term is simply ट्रेडमार्क. You will see it on Department of Industry records and in the Act itself.
In plain Nepali, as our own summary rather than the Act's wording: ट्रेडमार्क भनेको कुनै व्यवसायले आफ्नो सामान वा सेवालाई अरूको भन्दा छुट्याउन प्रयोग गर्ने नाम, शब्द, चिन्ह वा चित्र हो।
What is a trademark, in simple terms?
Sec. 2(c) of the Patent, Design and Trademark Act 1965 defines a trademark as a word, symbol or picture, or a combination of them, that a firm, company or individual uses on its products or services to distinguish them from others.
Put simply, a trademark tells customers who stands behind a product. If shoppers see "Himal Chiya" on a tea packet and expect one seller's quality, that name is working as a trademark. It carries your reputation and customer trust.
What does a registered trademark protect?
Under Sec. 16, title to a trademark comes from registration, and copying or using a registered mark without permission is prohibited. The protection covers the goods or services listed in the application, not everything your business does.
A café that registers its name for restaurant services has not automatically covered packaged coffee or branded T-shirts. Those may sit in other classes and need their own filings.
A trademark also does not protect a new machine, a recipe's method or a product's shape. Those may need patent registration or industrial design registration instead.
Why does a trademark matter for a Nepali business?
A registered mark lets you stop others using a confusingly similar sign on the same kind of goods or services. The DoI acts as a quasi-judicial body for these disputes, and the Act provides for fines, confiscation of infringing goods and compensation for actual loss.
A trademark is also an asset. Under Sec. 21D, a registered mark can be assigned to a buyer or licensed to another business in writing, which matters when you franchise, sell the business or bring in a distributor.
If a copycat appears, or a similar mark is published in the bulletin, our opposition and enforcement team can act for you.
How is a trademark different from a company name?
A company name identifies a legal entity at the Office of the Company Registrar (OCR). A trademark identifies goods or services in the market and is recorded by the DoI. Registering "Everest Harvest Pvt. Ltd." with the OCR does not stop someone else applying for "Everest Harvest" as a trademark first.
| Record | Main purpose | Where it is recorded | What it does not replace |
|---|---|---|---|
| Company name | Identifies the legal entity | Office of the Company Registrar | Trademark registration |
| Trade name | The name you trade under | Business use and records | A registered mark at the DoI |
| Trademark | Identifies the source of goods or services | Department of Industry | Patent or design rights |
What are the main types of trademark?
A word mark protects the brand name in plain letters. It is usually the most flexible, because it is not tied to one font or logo and survives a packaging refresh.
A device mark protects a logo or symbol. A combined mark protects the name and logo together, exactly as filed. A slogan can also qualify if customers see it as pointing to one business, not as ordinary advertising.
What can and cannot be registered?
Under Sec. 18, the DoI will not register a mark that is already registered to someone else, damages the goodwill of another's trademark, harms a person's or institution's reputation, or goes against public morality or the national interest.
Distinctive names are easier to protect. An invented word or an unexpected one is stronger than plain product language: "Best Rice" for rice is weak, because every rice seller needs those words.
A small spelling change does not avoid a conflict. Marks are compared by sound, look and meaning, and by how close the goods or services are.
Which NICE classes apply to trademarks in Nepal?
Nepal uses the NICE classification of 45 classes: 1–34 for goods and 35–45 for services. Sec. 18A requires a separate application for each class.
Take "Mero Momo", which runs a restaurant and sells frozen momo packets. Restaurant services commonly sit in Class 43, while packaged food needs a goods class. The NICE class finder suggests likely classes before you file.
How do you register a trademark in Nepal?
- Search existing marks. Check identical and similar names in your class. Our free trademark search covers the 71,500+ trademarks published in DoI bulletins; it shows published marks, not registration status.
- Choose the class. Match your real goods or services to a NICE class, one application per class.
- File the application. Submit the form, the mark label and the supporting documents to the DoI.
- Answer examination. The DoI checks for conflicts and may raise objections that need a reply.
- Clear publication. An accepted mark appears in the Industrial Property Bulletin. Anyone may oppose it within 90 days of publication.
- Receive the certificate. If no opposition succeeds, the DoI registers the mark and issues the registration certificate.
An unopposed application typically takes about 12–14 months from filing to certificate; the smoothest cases take 6–8 months.
Which documents are needed?
A Nepali applicant generally needs the application form, the mark label, a notarised power of attorney, a company board resolution, the industry certificate and the latest tax clearance letter.
A foreign applicant also needs a certified copy of its home registration in English and must file through a Nepal-based agent, because Nepal is not part of the Madrid System. A Paris Convention priority claim needs the earlier filing receipt in English. Check current requirements with the Department of Industry, or let our trademark registration team prepare the file.
How long does a trademark last?
A registration lasts 7 years from the date of registration and is renewable in further 7-year terms, as many times as you like. File the renewal within 35 days of expiry; a 6-month late window follows on a fine, after which the registration is cancelled.
A registered mark that is not put into use within one year may also be cancelled under Sec. 18C, so launch the brand you file.
What affects the cost of a trademark?
Mainly the number of classes, because each class is a separate application with its own government charges. Searches, document preparation, foreign-document certification and any objection or opposition add professional work. Our trademark fee calculator gives a first idea, and we can give a firm figure through the contact page. Do not drop a class you really trade in just to save money.
What do ™ and ® mean in Nepal?
™ shows that you treat a name or logo as your trademark. It creates no rights by itself. ® means the mark is registered, and Sec. 18B does not allow an unregistered mark to be presented as registered. Use ® only once you hold a Nepali certificate.
Common mistakes
- Assuming company registration is enough. It does not give exclusive brand rights.
- Filing late. Under first-to-file, a rival who files first usually wins.
- Choosing the wrong class, or only one class when you trade in several.
- Filing only a logo when customers mainly know you by the name.
- Using ® before registration.
- Assuming a foreign registration covers Nepal. It does not.
What does this look like for a small business?
This is an illustration, not a real case. Two friends in Lalitpur register "Chiyaghar Pvt. Ltd." and open a tea shop. A year later they plan packaged tea under the same name and print their first boxes.
A search shows a similar mark already published for tea in the bulletin. Their company registration gives them no answer to it. Had they searched and filed before printing, they would have known in time to choose another name or oppose within the window.
They settle on a new name, search it, and file two applications before printing anything: one in Class 30 for the packaged tea and one in Class 43 for the tea shop.
In short
"Trademark" in Nepali is ट्रेडमार्क, the word Nepal's Act uses. It means the name, logo or sign customers use to recognise your business. Register it at the DoI in every class you trade in, before you launch, and renew it every seven years. The Act's text is on the Nepal Law Commission website, and WIPO explains trademarks worldwide on its trademarks page.
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Not sure whether your business name can be registered as a trademark? Tell us the name and what you sell, and we will explain the next step.
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