A memorable slogan or tagline can define your brand and make it instantly recognizable. Think of famous phrases like “Just Do It” or “Have It Your Way.” In Nepal, however, many businesses mistakenly assume that a catchy phrase is automatically protected, or that registering a company name is sufficient.
The truth is, protecting a slogan requires understanding Nepal’s intellectual property laws and choosing the right protection method. This guide explains everything you need to know to safeguard your slogans and taglines effectively.
Why Slogan Protection Matters in Nepal
A slogan is more than just words it represents your brand’s identity and reputation. Without proper protection:
Competitors can copy or mimic your tagline
You risk losing exclusive rights if someone else registers a similar slogan
Rebranding becomes expensive and damages brand recognition
Nepal follows a first-to-file principle, meaning that the first person to register a trademark generally owns the rights, even if someone else used it earlier. This makes early action essential.
Three Legal Ways to Protect a Slogan in Nepal
Nepalese law offers three primary frameworks for protecting slogans:
| Protection Type | Governing Law | What It Protects | Typical Use |
|---|---|---|---|
| Trademark | Patent, Design & Trademark Act, 1965 | Slogans used in commerce as brand identifiers | Advertisements, packaging, websites, social media |
| Copyright | Copyright Act, 2002 | Original creative expression (literary/artistic work) | Slogans that are unique, poetic, or artistic |
| Domain/Company Name | Company Act, IP rules | Limited protection via domain or company registration | Only protects against identical company names |
1. Trademark Protection: The Most Reliable Way
Why Trademark Is Essential
A slogan can be registered as a trademark if it is used in commerce and serves as a distinctive identifier of goods or services. Trademark protection allows you to:
Stop competitors from using confusingly similar slogans
License your tagline to partners
Legally enforce your rights in court
Example: A coffee shop in Kathmandu wants to register “Wake Up Happy!” as a slogan for its brand. Once trademarked, no other café can use a similar tagline in the same category.
How to Register a Slogan as a Trademark in Nepal
Conduct a trademark search to ensure your slogan isn’t already registered.
File the application with the Department of Industry (DoI).
Wait for examination, publication, and registration.
Maintain and renew your trademark regularly.
2. Copyright Protection: Limited but Helpful
Copyright protects the artistic or literary expression of a slogan, but does not prevent others from using a similar slogan commercially.
Automatic upon creation, but registration is recommended for evidence
Useful when slogans are poetic, creative, or part of literary works
Example: A slogan like “Adventure Awaits” written in an original artistic font may qualify for copyright protection as a literary or graphic work.
Important: Copyright alone is not sufficient for commercial brand protection.
3. Company Name or Domain Registration: Limited Protection
Registering a slogan as part of a company name or domain may give some limited legal rights, but:
Protection is only for identical names
Does not prevent competitors in different industries from using a similar slogan
Does not replace trademark registration
Company name vs trademark in Nepal: which gives better protection?
Common Mistakes to Avoid When Protecting Slogans
Using a generic or descriptive phrase (“Quality Products,” “Best Services”)
Waiting too long to register your slogan
Assuming copyright alone protects the slogan
Filing under the wrong trademark class
Enforcement: What Happens If Someone Copies Your Slogan?
With a registered trademark, you can:
Send a cease and desist notice
File a trademark infringement lawsuit
Oppose new trademark applications that are confusingly similar
Without registration, enforcing your rights is difficult and costly, often requiring proof of prior use and reputation.
Best Practices for Protecting Slogans in Nepal
Register as a trademark early: First-to-file matters
Conduct thorough searches before adoption
Keep slogans distinctive and memorable
Consider supplementary copyright for artistic expression
Consult IP professionals for risk assessment and strategy
At Axcel Law , we help businesses navigate slogan protection, ensuring your tagline is legally enforceable and aligned with Nepalese law.
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