If you are evaluating a Private vs public company in Nepal, trademark protection must be part of your entry strategy. Your company structure affects governance, fundraising, disclosure obligations, and even brand positioning. But your trademark protects the asset that customers actually remember.
Foreign companies entering Nepal often focus on incorporation under the Companies Act 2006. They compare private and public company structures. They assess FDI approvals under Foreign Investment and Technology Transfer Act 2019.
Yet many overlook trademark registration until it is too late.
This guide explains the Trademark Registration Process in Nepal step by step. It also clarifies how trademark protection aligns with the private vs public company in Nepal decision for foreign investors.
When comparing a private vs public company in Nepal, foreign investors typically evaluate:
However, brand protection applies equally to both structures.
Whether you incorporate as a private limited company or a public limited company under the Office of the Company Registrar, your trademark rights arise under the Patent, Design and Trademark Act 1965.
Company registration protects your legal entity name.
Trademark registration protects your brand in commerce.
These are separate legal regimes.
Trademark registration in Nepal is governed primarily by:
Nepal follows a first-to-file system.
This means the first party to file a valid trademark application generally has priority, regardless of prior use.
For foreign companies entering Nepal, this is critical.
Legally, no.
Both a private and public company can:
However, from a strategic standpoint, the structure affects:
| Factor | Private Company | Public Company |
|---|---|---|
| Ownership flexibility | High | More regulated |
| Public disclosure | Limited | Mandatory disclosures |
| Investor scrutiny | Lower | Higher |
| Brand visibility | Moderate | High |
| IPO implications | Not applicable | Trademark portfolio becomes material asset |
For public companies, trademarks often become disclosed intangible assets in financial statements.
For private companies, trademark strategy may remain confidential.
If you are choosing between a private vs public company in Nepal for long-term capital raising, trademark portfolio strength directly impacts valuation.
Under the Patent, Design and Trademark Act 1965, the following may be registered:
Nepal primarily recognizes traditional marks. Non-traditional marks such as sound or smell are not commonly registered.
Here is the complete step-by-step breakdown.
Before filing, conduct a clearance search at the Department of Industry.
This helps determine:
Although not mandatory, it is strongly recommended.
Foreign companies must prepare:
If you are a foreign entity entering Nepal via FDI under Foreign Investment and Technology Transfer Act 2019, additional legalization or notarization may be required.
Applications are filed with the Department of Industry.
The filing includes:
Nepal follows the Nice Classification system for goods and services.
The Department conducts substantive examination.
They review:
If objections arise, the applicant may respond with written clarification.
Once accepted, the mark is published in the Industrial Property Bulletin.
Third parties may file opposition within the prescribed period.
If no opposition is filed, or if opposition is resolved, a Registration Certificate is issued.
The trademark is typically valid for 7 years from registration.
Trademarks can be renewed indefinitely in 7-year cycles.
Renewal must be filed before expiration.
The process usually takes:
Administrative backlog can extend timelines.
Costs vary depending on:
Approximate breakdown:
| Component | Estimated Range (NPR) |
|---|---|
| Government filing fee | 1,000 – 5,000 |
| Legal/agent fee | 15,000 – 40,000 |
| Objection handling | Additional |
| Renewal fee | Payable every 7 years |
For foreign investors deciding between a private vs public company in Nepal, trademark costs are minor compared to incorporation and compliance costs.
When incorporating under the Companies Act 2006, ensure:
This prevents future disputes.
Public companies especially must maintain clear ownership for audit transparency.
Trademark owners can:
Enforcement may involve:
While Nepal is not yet a fully digitized IP enforcement regime, legal remedies are available.
These errors can derail market entry.
If you are evaluating private vs public company in Nepal, align trademark planning with:
Brand ownership affects royalty taxation and repatriation under Nepal Rastra Bank directives.
| Issue | Private Company | Public Company |
|---|---|---|
| Brand confidentiality | Easier to maintain | Public disclosures required |
| Valuation impact | Moderate | High |
| IPO readiness | Not applicable | Essential |
| Investor due diligence | Limited | Extensive |
| IP audit requirement | Optional | Often mandatory |
If long-term public listing is a goal, trademark portfolio strength becomes critical.
No. However, without registration, enforcement rights are weak. Registration provides statutory protection under Nepal law.
Typically 6–18 months. Delays may occur due to objections or administrative backlog.
Yes. Foreign companies may file directly or through a registered agent. Proper documentation is required.
No. Both structures can own trademarks. The difference lies in disclosure and governance obligations.
Seven years from registration. It can be renewed indefinitely in seven-year cycles.
Choosing a Private vs public company in Nepal is a structural decision.
Trademark registration is a strategic decision.
One determines how you operate.
The other determines how you compete.
Foreign investors who integrate corporate structuring, FDI approval, tax planning, and trademark protection from day one reduce risk significantly.
If you are entering Nepal, protect your brand early.