How to Recover a Lapsed Trademark in Nepal

You can restore a lapsed trademark in Nepal by filing late renewal with the Department of Industry (DoI) within six months of expiry. The Patent, Design and Trademark Act 1965 allows this late step on payment of the prescribed fine. After six months, the registration is automatically cancelled.

Key Takeaways

Restore a lapsed trademark in Nepal by acting before the six-month statutory deadline. The DoI administers renewal under Sec. 23B of the Patent, Design and Trademark Act 1965. A trademark normally lasts seven years, and late renewal protects the existing registration instead of forcing a fresh application.

• A Nepal trademark registration lasts 7 years from its registration date.
• File ordinary renewal within 35 days after expiry.
• A late renewal remains possible for up to 6 months after expiry.
• Late renewal requires the prescribed fine in addition to the applicable renewal charges.
• After six months, the DoI automatically cancels the registration under the statutory renewal rule.
• Nepal follows a first-to-file system, so another applicant may file the mark after cancellation.
• Our team can help check the record and prepare a late renewal through the trademark renewal service.

What does a lapsed trademark mean in Nepal?

A trademark lapses when its seven-year registration term ends without timely renewal. The mark may still be eligible for late renewal during the six months after expiry, but the owner must file with the DoI and pay the prescribed fine. “Lapsed” describes the missed deadline; “cancelled” describes the result after the grace period.

The registered mark may be a wordmark, logo, symbol, label, or combination used to distinguish your goods or services. A business often calls this brand registration, logo registration, trade mark protection, or business-name protection. Those descriptions point to the same practical question: does the DoI record still protect your mark?

How long do you have for late trademark renewal in Nepal?

Late trademark renewal in Nepal is available for six months after the registration expiry date under Sec. 23B. The ordinary renewal period is within 35 days of expiry. The six-month period is a final statutory opportunity, not a new seven-year term. Once it ends without renewal, the DoI automatically cancels the registration.

Count from the expiry date shown in the registration record, not from the date you discover the problem. If the date is unclear, confirm it with the DoI record and certificate before preparing papers. A late filing made close to the deadline leaves little room to correct an incomplete form or missing document.

Why do Nepal trademarks lapse?

Businesses commonly miss renewal because the owner changes address, the responsible employee leaves, or the company assumes the mark lasts indefinitely. Foreign owners may also lose contact with a Nepal-based representative. The DoI does not turn a trademark registration into a permanent right. Each owner must keep the seven-year renewal cycle on its IP calendar.

Another common mistake is treating a company registration as trademark protection. The Office of the Company Registrar (OCR) records a company or business name. The DoI trademark register protects a mark used for specified goods or services. An OCR name does not replace trademark renewal, and a renewed trademark does not replace company compliance.

How do you restore a lapsed trademark in Nepal?

Follow the late-renewal route through the Department of Industry before six months pass from expiry. The application normally keeps the same trademark record and class, subject to DoI processing. You should first verify the date and status, then submit the renewal papers, prescribed fine and other applicable charges through the owner or a Nepal-based representative.

1. Confirm the registration record. Check the registration certificate, registration number, owner name, mark image and class. You can begin with IP Sewa’s Nepal trademark database search, then verify the official record where needed.
2. Calculate the final date. Mark the ordinary 35-day renewal period and the final six-month late-renewal deadline. Do not wait for a notice. If the date is close, ask for a status check before signing documents.
3. Prepare the renewal application. Use the prescribed DoI form and provide accurate details matching the registration record. Explain any change in ownership, address or representative through the proper record-amendment route rather than silently changing the form.
4. Collect supporting papers. Prepare the registration certificate or its details, a Power of Attorney where an agent files, and company authority documents where the owner is a company. The DoI may require additional papers based on the record.
5. Pay the renewal amount and late fine. Late renewal involves the applicable renewal charge plus the prescribed fine. Government charges and professional fees are separate. For a current estimate, use the trademark renewal calculator or ask our team.
6. File at the DoI and follow the decision. The Department checks the application and supporting documents. Respond quickly if it asks for correction or clarification. Once accepted and processed, the renewed certificate confirms continuation of the registration.

Which documents are needed for trademark restoration?

Prepare the existing trademark details, renewal form and authority documents before filing. A representative generally needs a notarised Power of Attorney signed, sealed and attested by two witnesses. A company may need a board resolution. The exact document set can vary with ownership, foreign priority claims, address changes and the DoI record.

• Prescribed renewal application form.
• Registration certificate, registration number or certified record details.
• Trademark label or representation, if requested for the file.
• Notarised Power of Attorney for a Nepal-based agent.
• Board resolution or other proof of authority for a company owner.
• Documents supporting a change of name, address, ownership or representative, if relevant.
• Certified or notarised foreign documents where the owner or priority claim requires them.

Do not assume that a document used for the original filing will automatically satisfy a late renewal request. Check names, spelling, company status and the mark image against the DoI record. Our team can help review the file and prepare a suitable document set through IP Sewa’s contact page.

Which NICE class continues after renewal?

Renewal continues the registered mark in its existing NICE class; it does not add new goods or services. Nepal uses the Nice Classification of 45 classes, with Classes 1–34 covering goods and Classes 35–45 covering services. One Nepal application covers one class, so a multi-class brand needs separate applications and renewals.

Class numbers alone are not enough. A clothing label may need Class 25, while its retail service may need Class 35. A restaurant brand may have Class 43, and packaged sauces may require a goods class. Use the NICE class finder to review the correct scope before filing.

What happens after the six-month late-renewal period?

The Department of Industry cancels the registration automatically if renewal and the prescribed fine are not completed within six months. The former owner then loses the benefit of the live registration. Nepal’s first-to-file rule makes delay risky because another party may submit a valid application for the same or a confusingly similar mark.

A cancelled mark does not return simply because you used it for years. You may need a fresh application, fresh examination and publication in the Industrial Property Bulletin. A new application passes through the 90-day trademark opposition window before registration and certificate issuance. The typical end-to-end timeline is about 12–14 months when unopposed; six to eight months is a smooth best case.

Can a competitor register your cancelled trademark?

A competitor may apply after the DoI cancels your former registration, subject to examination and opposition rules. Your old registration no longer gives the same priority. Earlier use, reputation or evidence of copying may still affect a dispute, but do not rely on those arguments as a substitute for maintaining registration.

If you discover a conflicting application in the Industrial Property Bulletin, check its publication date quickly. Trademark opposition normally has a 90-day window under current filing practice. Our team can help assess an opposition or enforcement response, but this is a staffed legal service, not an automatic public alert product. See the trademark opposition and enforcement service for the available route.

What does the Patent, Design and Trademark Act say?

Sec. 23B of the Patent, Design and Trademark Act 1965 governs trademark renewal. It sets the ordinary 35-day period after expiry, permits late renewal within six months on payment of the prescribed fine, and provides for automatic cancellation if the owner does not act. Read the official Nepal law resources alongside current DoI practice.

The Act also gives the DoI authority over trademark registration and related industrial-property administration. The process for a fresh mark is different from renewal: application, examination, Industrial Property Bulletin publication, opposition, registration and certificate. A renewal generally protects the existing record, while a new filing starts that process again.

What should a business do after discovering a lapsed mark?

Act immediately: verify the expiry date, check whether the six-month period remains open, and secure the correct owner documents. Do not print a new symbol or file a new mark before checking the old record. A prompt status review can reveal a missed amendment, ownership issue or a conflicting filing that needs separate action.

Imagine a Kathmandu clothing brand, “Himal Thread,” registered in Class 25. Its seven-year term expires while the founder changes the company address. The owner discovers the lapse four months later. The business can still seek late renewal, provided the DoI accepts the application and prescribed fine before the six-month deadline. This is a realistic example, not a private client record.

How can you prevent another trademark lapse?

Prevent future lapses by recording every trademark’s registration date, class and next renewal date in one controlled IP calendar. Review ownership, address and representative details before the deadline. If the mark covers several NICE classes, track each application separately because Nepal uses one application per class and each record can require its own renewal action.

Keep the certificate, labels, filing receipts and authority documents together. Tell the founder, finance team and local agent who owns the deadline. A business can also ask a professional team to help with renewal filings and deadline tracking. That is different from an automated Bulletin-monitoring subscription, which IP Sewa does not offer.

Is trademark restoration advice the same for every owner?

Trademark restoration depends on the record, owner and timing. A Nepali individual, company, foreign company, assignee and successor may need different authority documents. Foreign owners must file directly in Nepal through a Nepal-based agent because Nepal is outside the Madrid System. A Paris Convention priority claim may matter for a fresh application, but it does not replace renewal.

The same caution applies to the mark itself. A renewal does not automatically expand goods, services, classes or ownership. If the business has changed its logo or product range, discuss whether a new application is needed alongside renewal. The DoI’s current record should guide that decision.

In short, what is the safest recovery plan?

Check the expiry date today, confirm the DoI status, and file within six months if late renewal remains available. Use the existing registration details, prepare authority papers, and pay the applicable renewal charge and prescribed fine. After cancellation, plan for a fresh application and accept the first-to-file risk.

• Still within 35 days: file ordinary renewal.
• Past 35 days but within six months: file late renewal with the prescribed fine.
• Past six months: ask for a record review and consider a fresh trademark application.

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This article gives general information, not legal advice. To restore a lapsed trademark in Nepal, first review the record using the trademark database, then contact our team for filing help or use the trademark renewal service.