Trademark protection is not granted in isolation. When a trademark is registered, it is protected only for the specific goods or services for which it is registered. These categories are known as trademark classes and are defined under the Nice Classification system.
Nepal follows the Nice Classification framework for trademark registration. Understanding how this system works is essential to securing meaningful and enforceable trademark rights.
What is the Nice Classification
The Nice Classification is an internationally recognized system used to classify goods and services for trademark registration. It was established by the Nice Agreement and is adopted by more than 150 jurisdictions, including Nepal.
The system divides all commercial activities into 45 distinct classes.
Classes 1 to 34 cover goods
Classes 35 to 45 cover services
Each class represents a defined group of related products or services. Trademark protection applies only within the selected class or classes.
Why Trademark Classes Matter in Nepal
Trademark rights in Nepal are class specific. This means that registration in one class does not automatically prevent others from using or registering the same or a similar mark in a different class, provided there is no likelihood of consumer confusion.
For businesses, this has direct legal and commercial consequences. Selecting the correct class determines the scope of protection, the ability to enforce rights, and the long term value of the trademark.
Structure of the Nice Classification
Each trademark class consists of
A class heading describing the general scope
An explanatory note clarifying inclusions and exclusions
A detailed alphabetical list of goods or services
Applicants must select the class that best reflects how the trademark is actually used in commerce, not merely how the business describes itself.
Common Trademark Classes with Nepal Focused Examples
Below are some of the most commonly used trademark classes in Nepal, explained with real world business examples.
Class 25 Clothing and Apparel
This class covers clothing, footwear, and headgear.
Example:
A garment manufacturer in Kathmandu selling jackets, shirts, or traditional wear such as daura suruwal would register their brand under Class 25.
This class is frequently used by fashion labels, footwear brands, and retail clothing stores.
Class 30 Food Products
Class 30 includes processed foods such as tea, coffee, spices, noodles, bakery products, and packaged snacks.
Example:
A company producing packaged masala, chiura snacks, or instant noodles for the Nepali market would register its trademark under Class 30.
This class is commonly used by food manufacturers and packaged goods brands.
Class 29 Processed Meat and Dairy
This class covers dairy products, processed meat, edible oils, and preserved foods.
Example:
A dairy brand producing ghee, butter, or cheese in Nepal would typically fall under Class 29.
Class 35 Advertising and Business Services
Class 35 is one of the most commonly misunderstood classes. It covers advertising, marketing, retail services, and business management.
Example:
A digital marketing agency, an advertising firm, or an online marketplace operating in Nepal would register under Class 35.
Retail stores that provide sales and promotional services for goods also often use this class.
Class 41 Education and Training
This class includes education, training, workshops, and cultural activities.
Example:
An educational consultancy, training institute, or language school offering IELTS or professional skill training would register under Class 41.
Class 42 Technology and Software Services
Class 42 covers scientific and technological services, including software development, IT consulting, and web services.
Example:
A software development company or IT firm providing web development, mobile apps, or cloud services in Nepal would typically register under Class 42.
This class is widely used by tech startups and IT service providers.
Class 43 Hotels and Restaurants
This class includes hotel services, restaurants, cafes, and food and beverage service providers.
Example:
A restaurant in Pokhara, a hotel in Thamel, or a coffee shop brand expanding across cities would register under Class 43.
Can One Trademark Be Registered in Multiple Classes
Yes. A trademark can be registered in multiple classes if the brand is used across different types of goods or services.
Example:
If a business owns a restaurant brand and also sells packaged food products under the same name, it may need protection under both Class 43 for restaurant services and Class 30 for food products.
Each additional class requires a separate application fee.
Risks of Choosing the Wrong Trademark Class
Selecting an incorrect class can result in:
- Limited legal protection
- Difficulty enforcing rights against infringers
- Potential rejection or objections during registration
- The need to file new applications later at additional cost
Many businesses in Nepal realize too late that their trademark does not cover their actual commercial activities.
How Professional Guidance Helps
Trademark classification often appears simple but can be legally nuanced. Businesses frequently consult professionals to:
- Identify correct primary and secondary classes
- Avoid overlap or gaps in protection
- Ensure future business expansion is covered
Law firms like Axcel Law Associates experienced in intellectual property matters help businesses align trademark registration with long term commercial plans.
Final Thoughts
Trademark classes define the scope of your legal protection. In Nepal, registering a trademark without understanding the Nice Classification can leave valuable brand assets exposed. Careful class selection ensures that your trademark protects what truly matters to your business.
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