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What Is Trademark Renewal in Nepal?
Trademark renewal Nepal is the mandatory legal process by which registered trademark owners extend their exclusive intellectual property rights beyond the initial registration period. Under the Patent, Design and Trademark Act 1965 (2022 BS) (PDTA), a trademark registration remains valid for 7 years from the date of registration, after which renewal is required to maintain legal protection .
The renewal process ensures that trademark owners retain sole ownership and usage rights, preventing unauthorized parties from exploiting their brand identity. Without timely trademark renewal Nepal, registrations are automatically cancelled, and the mark becomes available for third-party registration .
Therefore, trademark renewal Nepal is not merely an administrative formality but a critical IP maintenance strategy that preserves brand value, market position, and legal enforceability.
Legal Framework for Trademark Renewal Nepal
The trademark renewal Nepal process is governed by the following legal instruments:
| Law/Regulation | Year | Key Provisions |
|---|---|---|
| Patent, Design and Trademark Act 1965 (2022 BS) | 1965 | Principal law establishing 7-year validity and renewal procedures under Sections 18D and 23B |
| Patent, Design and Trademark Rules | 1976 | Procedural rules for application formats, fees, and documentation |
| Paris Convention | 1883 | International priority claims for trademark applications |
| WIPO Convention | 1979 | Framework for international intellectual property cooperation |
Important Note: Nepal is not a party to the Madrid Protocol, meaning foreign trademark owners cannot use international registration systems and must file directly with the Department of Industry (DOI) .
Trademark Validity and Renewal Cycle in Nepal
Understanding the trademark renewal Nepal timeline is essential for maintaining uninterrupted protection:
| Phase | Duration | Details |
|---|---|---|
| Initial registration validity | 7 years from registration date | First protection period under Section 18D |
| Normal renewal window | Within 35 days after expiry | Standard renewal period under Section 23B(1) |
| Grace period renewal | 6 months after 35-day window | Late renewal with penalty under Section 23B(2) |
| Subsequent renewal validity | 7 years from previous renewal | Indefinite renewal possible |
| Total potential protection | Unlimited (if renewed perpetually) | Trademark can be maintained indefinitely |
Critical: There is no provision for restoration of cancelled trademarks in Nepal. If renewal is missed beyond the grace period, the only option is complete re-registration through the original application process .
Step-by-Step Trademark Renewal Nepal Process
Step 1: Monitor Expiry Date
Trademark owners must track their registration expiry dates carefully. The trademark renewal Nepal process should ideally begin 6 months before expiry to ensure smooth processing .
Step 2: Prepare Renewal Application
Complete Schedule 2(f) format application form as prescribed under the PDTA. The application must include:
- Trademark registration number
- Date of original registration
- Owner's current name and address
- Goods/services covered by the mark
Step 3: Gather Required Documents
Compile all necessary documentation for submission to the Department of Industry .
Step 4: Pay Renewal Fees
Submit the prescribed renewal fee along with the application. The standard renewal fee is NPR 500 per trademark .
Step 5: Submit to Department of Industry
File the renewal application at the Industrial Property Section, Department of Industry, Tripureshwor, Kathmandu. Foreign applicants must file through a licensed Nepali trademark agent .
Step 6: DOI Examination
The DOI reviews documentation and confirms fee payment. If requirements are met and no objections arise, the renewal is formally granted .
Step 7: Certificate Endorsement
The original registration certificate is endorsed with the renewal date, or a renewal certificate is issued. The trademark is now protected for another 7-year term .
Documents Required for Trademark Renewal Nepal
| Document | Purpose | Format |
|---|---|---|
| Renewal application form (Schedule 2(f)) | Official request for renewal | Prescribed by PDTA |
| Original trademark registration certificate | Proof of prior registration | DOI-issued |
| Certified copy of registration certificate | Alternative if original unavailable | Notarized copy |
| Power of Attorney | Representative authorization | Notarized, signed by two witnesses |
| Proof of use (optional) | Evidence of active trademark use | Invoices, product photos, advertisements |
| Fee payment receipt | Proof of renewal fee payment | Bank receipt |
Note: Some sources indicate that proof of use may be requested by DOI, particularly following the recent file reconstruction requirements .
Trademark Renewal Fees Nepal 2026
The trademark renewal Nepal government fees are as follows:
| Fee Type | Amount (NPR) | Legal Basis |
|---|---|---|
| Standard renewal fee | 500 | Schedule 3, PDTA |
| Late renewal penalty | 1,000 | Section 23B(2), PDTA |
| Total late renewal cost | 1,500 (500 fee + 1,000 penalty) | Section 23B(2) |
Professional service fees (optional): NPR 5,000–15,000 for legal assistance, document preparation, and DOI representation .
Note on conflicting fee information: Some sources cite renewal fees of NPR 3,500 or NPR 5,000 . The official Schedule 3 of the PDTA specifies NPR 500 for trademark renewal . Applicants should verify current fees directly with DOI before submission.
Late Renewal and Grace Period
The trademark renewal Nepal framework provides a structured late renewal mechanism:
| Scenario | Timeframe | Action Required | Cost |
|---|---|---|---|
| Normal renewal | Within 35 days after expiry | Submit renewal application | NPR 500 |
| Grace period renewal | 6 months after 35-day window | Submit renewal application + penalty | NPR 1,500 (500 + 1,000 penalty) |
| Beyond grace period | After 6-month grace period | Automatic cancellation; re-registration required | Full new registration fees |
Critical Warning: If the trademark is not renewed within the 6-month grace period, registration is automatically cancelled under Section 23B(2) of the PDTA . The mark then becomes available for registration by third parties.
Consequences of Non-Renewal
Failure to complete trademark renewal Nepal results in severe consequences:
| Consequence | Description |
|---|---|
| Loss of exclusive rights | Owner can no longer prevent unauthorized use |
| Brand vulnerability | Competitors may register identical or similar marks |
| Legal unenforceability | No basis for infringement claims or court remedies |
| Asset devaluation | Trademark loses intangible asset value for licensing, franchising, or sale |
| Re-registration required | Must file completely new application if protection desired |
| Priority date loss | Original registration date is lost; new application gets new date |
Post-Renewal IP Maintenance Strategies
Effective trademark renewal Nepal is part of broader IP maintenance:
Use Requirements
Under Section 18C of the PDTA, trademarks must be brought into use within 1 year of registration. Non-use makes marks vulnerable to cancellation proceedings .
Monitoring and Enforcement
- Regular market surveillance for infringement
- Opposition to conflicting applications during publication period
- Legal action against unauthorized use under Section 19
- Customs recordal for border protection against counterfeit imports
Record Maintenance
- Update DOI on ownership changes, address updates, or license agreements
- Register assignments under Section 21D
- Maintain evidence of use for potential cancellation defense
Urgent 2026 Deadline: Trademark File Reconstruction
Following the destruction of physical records during civil unrest on September 9, 2025, the Department of Industry issued critical notices affecting trademark renewal Nepal and pending applications:
| Application Status | Action Required | Hard Deadline |
|---|---|---|
| Pending >7 years with incomplete documents | Resubmit complete documentation | March 1, 2026 |
| Published/approved without opposition | Request certificate issuance with fees/documents | June 1, 2026 |
Failure to comply with these deadlines results in automatic cancellation without further notice . Trademark owners must verify their registration status immediately and take corrective action if their records were affected.
Trademark Renewal vs New Registration
| Aspect | Renewal | New Registration |
|---|---|---|
| Time required | 1–2 weeks | 12–18 months |
| Cost | NPR 500–1,500 | NPR 6,000+ (application + registration fees) |
| Priority date | Retained from original registration | New date; lost seniority |
| Examination | Minimal formal review | Full examination and publication |
| Opposition risk | None | 90-day opposition period |
| Use evidence | May be requested | Not required at filing |
Common Mistakes in Trademark Renewal Nepal
1. Missing the Renewal Deadline
Many owners forget the 7-year cycle. Implement calendar reminders 6 months, 3 months, and 1 month before expiry.
2. Incorrect Fee Payment
Verify current fees with DOI before payment. Fee structures may be updated through notifications.
3. Failure to Update Ownership Records
If the trademark was assigned or the owner changed name/address, update DOI records before renewal to avoid processing delays.
4. Ignoring Grace Period Limits
The 6-month grace period is absolute. Beyond this, cancellation is automatic and irreversible .
5. Not Maintaining Use Evidence
While not required for renewal, proof of use strengthens the registration against potential cancellation challenges .
FAQs on Trademark Renewal Nepal
1. How long is a trademark valid in Nepal?
A registered trademark is valid for 7 years from the date of registration under Section 18D of the PDTA .
2. When should I renew my trademark in Nepal?
Renewal should be filed within 35 days after expiry of the registration term .
3. What is the renewal fee for trademark in Nepal?
The standard renewal fee is NPR 500 per trademark .
4. Is there a grace period for late renewal?
Yes. A 6-month grace period exists after the 35-day window, subject to payment of a NPR 1,000 penalty .
5. What happens if I don't renew my trademark?
The trademark is automatically cancelled and becomes available for third-party registration. Re-registration is the only restoration option .
6. Can a trademark be renewed indefinitely?
Yes. Trademarks can be renewed every 7 years for unlimited periods, provided renewal fees are paid .
7. What documents are needed for renewal?
Renewal application (Schedule 2(f)), original registration certificate or certified copy, power of attorney, and fee payment receipt .
8. Can foreigners renew trademarks in Nepal?
Yes, through licensed Nepali trademark agents with proper power of attorney .
9. Where is trademark renewal filed?
At the Industrial Property Section, Department of Industry, Tripureshwor, Kathmandu .
10. Is proof of use required for renewal?
Not routinely, but DOI may request evidence of use, particularly following recent file reconstruction requirements .
11. Can a cancelled trademark be restored?
No. Nepal law does not provide for restoration. The owner must file a completely new registration application .
12. How long does renewal processing take?
Typically 1–2 weeks for straightforward renewals with complete documentation .
13. What is the penalty for late renewal?
A fine of NPR 1,000 is imposed for renewals filed during the 6-month grace period .
14. Do I need a lawyer for trademark renewal?
Not mandatory, but professional assistance ensures accuracy and handles complex cases .
15. What is the 2026 file reconstruction deadline?
Pending applications over 7 years must resubmit documents by March 1, 2026; published marks must request certificates by June 1, 2026 .
Attorney Nepal PVT LTD: Your IP Maintenance Partner
Attorney Nepal PVT LTD provides comprehensive trademark renewal Nepal and IP maintenance services. Our intellectual property team offers:
- Renewal deadline tracking and calendar management
- Application preparation in Schedule 2(f) format
- DOI representation and filing coordination
- Late renewal handling within grace periods
- Use evidence compilation for cancellation defense
- Trademark portfolio management for multiple marks
- File reconstruction assistance for 2026 deadlines
- Infringement monitoring and enforcement action
With deep expertise in the Patent, Design and Trademark Act 1965 and current DOI practices, Attorney Nepal PVT LTD ensures your trademarks remain fully protected. Contact us today for professional trademark renewal and IP maintenance services.
References
Disclaimer
This article is prepared for informational purposes only and does not constitute legal advice. Trademark renewal Nepal requirements, fees, and procedures are subject to change based on DOI policies and legislative amendments. The 2026 file reconstruction deadlines are time-sensitive and require immediate action. For case-specific legal guidance, consult a qualified intellectual property lawyer or contact the Department of Industry directly. The information presented is based on the Patent, Design and Trademark Act 1965 and related notices as of May 2026. Attorney Nepal PVT LTD shall not be liable for any consequences arising from actions taken based on this content.
This article is for general informational purposes only and does not constitute legal advice. For advice on your specific situation, please contact Attorney Nepal directly.
