Trademark conflict resolution in Nepal starts with one question: what is the other mark's status? A published application can be opposed within 90 days. A registered mark needs a cancellation request or a negotiated change. A mark that is only in use calls for filing your own first. The Department of Industry decides.
Key takeaways
- Check whether the other mark is only used, filed, published or registered; each status has a different route.
- A published trademark can be opposed within 90 days of its Industrial Property Bulletin publication.
- Sec. 18(3) of the Patent, Design and Trade Mark Act 1965 lets the Department cancel a registration that should not have been made, after hearing the owner.
- Sec. 18C allows cancellation of a mark not used within one year of registration.
- In our index, most same-name matches between Nepali owners turn out to be one company spelled two ways.
Who decides a clash between two Nepali brands?
The Department of Industry examines applications, hears objections and registers or refuses marks under the Act, published by the Nepal Law Commission.
Sec. 18(1) says a mark shall not be registered if it may undermine the reputation of another person's trademark, or if it is already registered in another person's name.
A party unhappy with the Department's order can appeal within 35 days under Sec. 27. Confirm the current appellate forum and the effect of an appeal with a lawyer before the clock runs down.
What is the other mark's status?
Status decides everything that follows, so confirm it before writing a single letter. Note the owner, mark, application number, class and any Bulletin entry.
The published trademark search covers marks printed in Department bulletins, not every filed or registered mark. The application-number lookup and owner search organise what has been published; confirm the current status with the Department before choosing a route.
Is a same-name match on the register always a clash?
No, and this is the most common false alarm. Counting Nepali-owned entries in our index, 1,261 mark names appear in the same class under two or more owner spellings.
By our name matching, about 885 of those look like one company printed two ways, such as "Industries" and "Industres" or a ward number added to the address. Only about 376 name clearly different owners.
Even those can be an assignment, a licensed producer or a group company, not a fight. The Bulletin does not say which, so check the owner records before you treat a match as a conflict.
Why does first-to-file matter?
Title comes from registration under Sec. 16, and Nepal's first-to-file principle gives the application date real weight when two businesses claim similar signs.
Earlier use still helps explain goodwill, copying or customer recognition, so keep the evidence. It is not a substitute for filing, and a business that launches before searching can build value into a name someone else has already claimed.
Does a company name settle the dispute?
No. The Office of the Company Registrar approves a legal entity name; the Department deals with trademarks for goods and services. Company approval does not mean the customer-facing name is free as a mark.
Domains, social handles, tax records and local permits do not replace a trademark certificate either. They can be evidence of use, but each record does a different job.
How is confusing similarity judged?
Compare the signs as customers meet them: appearance, sound, meaning, script, the dominant element and the overall impression. A small spelling change, an added descriptive word or a new colour may not remove the connection.
The conflict checker is a useful first screen, but it is not a legal opinion on similarity.
Then compare the goods, services, buyers and sales channels. Similar names for unrelated products carry a different risk from similar café names aimed at the same customers. Our guide on how Nepali courts decide similarity covers the case law.
Do different classes keep two brands apart?
Not always. Under the NICE classification, Sec. 18A requires a separate application for each class, so compare the actual specifications, not just the class numbers.
Customers may expect one source across related goods, such as clothing and footwear, or a café and its packaged coffee. Use WIPO's Nice resources and the NICE class finder to map the neighbouring fields.
| Situation | Likely route | Evidence to gather first |
|---|---|---|
| Published application | Opposition within 90 days | Full Bulletin notice and date |
| Registered mark that conflicts with yours | Sec. 18(3) cancellation request | Your earlier record and reputation |
| Registered mark not used for a year | Sec. 18C cancellation | Market checks showing non-use |
| Unregistered use only | File, then assess options | Dated proof of use |
| Ownership split between partners | Agreement and record review | Assignments and filing history |
| Both want to keep trading | Negotiated coexistence | Markets, classes and plans |
How does opposition work?
Opposition challenges a conflicting application after it is published and before it is registered. Save the full Industrial Property Bulletin notice: the mark, applicant, class, goods or services and publication date.
The Department's 8 July 2025 Bulletin allowed 90 days for objections. That 90-day opposition window runs from publication; the deadline the Department states prevails, so act before the last day. Our opposition guide walks through the filing.
What should an opposition contain?
- Identify the application. Use the exact published entry and notice.
- Identify yourself. Show your owner record and earlier filing or registration, plus a power of attorney if an adviser files for you.
- Compare the signs. Address appearance, sound, meaning and the dominant element.
- Compare the markets. Explain the goods, services, buyers and channels.
- State the grounds. Tie the facts to Sec. 18(1), such as harm to your mark's reputation.
- Index the evidence. Certificates, dated use, reputation and any real confusion.
- Track the file. Keep every submission, notice and response.
Exaggeration weakens a file. Separate verified facts from inference, and do not call similarity fraud without evidence.
Our opposition service can review a specific conflict.
What if the other mark is already registered?
Opposition is no longer the route. Sec. 18(3) lets the Department cancel a registration if a circumstance in Sec. 18(1) exists, such as harm to another mark's reputation, after giving the holder a chance to show cause.
Sec. 18C is a separate ground: a registration not brought into use within one year can be cancelled after inquiry. Non-use does not prove copying, so confirm the owner, class, registration date and real market use before relying on it.
What evidence should each side keep?
Keep the application receipt, registration certificate, renewal record, filed mark image and exact specification. Add dated packaging, invoices, advertising, shop photos, distributor records and website archives.
Evidence of actual confusion helps, but record its date, source and context. Edited screenshots and anonymous summaries carry little weight.
Is the other registration still in force?
Check before you build a case around it. A registration lasts seven years from registration under Sec. 18D and is renewable seven years at a time under Sec. 23B; the owner must renew within 35 days after expiry, or within a six-month late window on a fine.
A rival mark whose renewal term has lapsed and was never renewed is cancelled, which may clear the way for your own filing. The reverse matters too: if your registration lapses, you lose the record your objection depends on. The renewal calculator works out the dates.
Can the two businesses negotiate?
Yes. A settlement can mean withdrawal, assignment, a rebrand, a narrower goods list or agreed coexistence. Name the exact applications, registrations, classes and signs, and what each side must do.
A private deal does not update the Department's record by itself. Under Sec. 21D a transfer of ownership or an approval to use needs a joint application to the Department, so keep deadlines running until that is done.
When is coexistence risky?
When both serve the same buyers, use nearly identical signs, or plan to expand into each other's field. A split by city rarely lasts once both sell online or nationally.
Write limits you can actually check: spelling, logo, territory, class, customer group, sales channel and future products. An agreement that only says "no confusion" postpones the dispute.
How can a business avoid the next clash?
Search before choosing the name, file before a big launch, and watch new Bulletins once filed. Our trademark search service tests spelling variants and related markets.
Keep ownership records current when founders, companies or distributors change, and make sure marketing teams know a company name or domain is not trademark clearance. The brand protection checklist covers the basics.
What does a café clash look like?
This is an illustration, not a real case. A Pokhara café has traded as "Himalayan Bean" for three years without filing. A Kathmandu company's application for "Himalayan Bean Coffee" in Class 43 appears in the Bulletin.
The café saves the notice, checks the applicant's records and gathers dated menus and receipts. Its adviser compares the names and customers, then files an opposition inside the 90 days and the café's own application the same week.
Three years of use helps its case, but it is not an automatic win. Filing first would have avoided the fight.
Common mistakes
- Treating a company registration as a trademark. It is not.
- Calling every same-name match a clash. Most are one company spelled two ways.
- Comparing spelling only. Sound and meaning count too.
- Assuming a different class means no conflict. Related goods can clash.
- Missing the 90 days. After publication the clock is already running.
- Negotiating while deadlines lapse. Keep every clock running until a deal is recorded.
In short
Check the other mark's status first. Oppose a published mark within 90 days, use Sec. 18(3) or 18C against a registered one, and file your own mark if you have only used yours. Record any settlement with the Department.
Before treating a same-name match as a fight, check whether it is the same company spelled differently. For help with a live conflict, our trademark registration service can also secure your own filing quickly.
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Found a brand too close to yours? Contact IP Sewa and we will check its status and your options.
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