How to Recover a Lapsed Trademark in Nepal

You can restore a lapsed trademark in Nepal by filing a renewal application with the Department of Industry (DoI) within six months of the expiry date, paying the standard renewal fee plus the prescribed late penalty. After six months, the registration is automatically cancelled and the mark enters the public domain.

Key Takeaways

• A Nepal trademark registration lasts 7 years and must be renewed before expiry.
• Renewal should be filed within 35 days of the expiry date under the Patent, Design and Trademark Act 1965.
• A 6-month grace period after expiry allows late restoration — but only if you act fast.
• After the grace period, the mark is automatically cancelled and cannot be revived.
• Restoration requires a renewal application, Power of Attorney, and payment of the late fee.
• Because Nepal is first-to-file, a cancelled mark can be snapped up by a competitor the next day.
• Our team can help you file the restoration before the deadline — reach out today.

What does it mean when a trademark lapses in Nepal?

A trademark lapses when its registration term of 7 years ends and the owner does not renew it within the timeline set by the Patent, Design and Trademark Act 1965. Under Sec. 23B, renewal must be filed within 35 days of expiry. If that window passes without action, the mark enters a vulnerable grace period. The registration remains technically alive for six more months, but the DoI will cancel it automatically the moment the grace period ends without a completed renewal.

How long do you have to restore a lapsed trademark in Nepal?

You have exactly six months from the date of expiry to restore a lapsed mark by filing a late renewal. This comes straight from Sec. 23B(2) of the Act. The clock starts the day after the 7-year term ends — not from when you remember. After six months and one day, the registration is dead. There is no appeal, no extension, and no way to revive it. A common mistake we see is business owners assuming there is a Nepali "restoration petition" process like in some other jurisdictions — there is not. Once cancelled, the only path is to file a fresh application, and you lose your original priority date.

Why would a Nepal trademark lapse in the first place?

It happens more often than you would think, and rarely because a business wants to abandon its brand. The most common reasons we encounter are a change in the registered address or email that means the renewal notice from the DoI never reaches the owner, the person responsible leaving the company without handing over the IP calendar, or a simple misunderstanding that the registration runs for a longer term than the actual 7 years. Some foreign rights holders also lose track because their local agent relationship ended. In every case, the DoI has no obligation to chase you — the burden of tracking the deadline is entirely yours.

Step-by-step: how to restore a lapsed trademark in Nepal

Restoring a lapsed mark is a paperwork exercise, but it must be done correctly and before the six-month clock runs out. The process follows the standard renewal path with one extra element — the late fee. Here is exactly what happens:

1. Confirm the exact expiry date. Pull your registration certificate and check the date of registration. The 7-year term runs from that date. If you do not have the certificate, you or your agent can verify the status at the DoI or use a trademark database search to find the record.
2. Prepare the renewal application. The application is filed with the Department of Industry on the prescribed form. You will need a notarised Power of Attorney (signed, sealed, and attested by two witnesses), a board resolution if the owner is a company, and the original registration certificate or its details.
3. Pay the government fees. A late renewal requires the standard renewal fee plus the prescribed late penalty under Sec. 23B(2). The exact figures change periodically; you can check the current amounts on our fee calculator or speak with our team.
4. Submit to the DoI. Your agent lodges the application, fee receipt, and supporting documents at the Department of Industry. The DoI processes late renewals the same way as timely ones — there is no separate tribunal hearing for a routine restoration within the grace period.
5. Receive the renewed certificate. Once processed, the DoI issues a renewed registration certificate. Your mark continues under the same registration number with a fresh 7-year term starting from the original expiry date, not from the restoration date.

What happens if you miss the 6-month grace period?

The registration is automatically cancelled, and the consequences are immediate. Because Nepal operates on a first-to-file system, a third party can walk into the DoI the next day and apply for the exact same mark. If their application is approved, they own it — and you have no priority claim based on your old registration. Your only option is to file a completely new trademark application, which means starting from scratch: a fresh examination, publication in the Industrial Property Bulletin, the 90-day opposition window, and the full 12–14 month timeline. You also lose the goodwill associated with the continuous registration date.

Can someone else register your lapsed trademark in Nepal?

Yes, absolutely — and it is not theoretical. Once a mark is cancelled for non-renewal, it is available for anyone to claim. The DoI does not hold a "cooling-off" period for former owners. If a competitor has been waiting for your mark to lapse, they can file the moment the grace period ends. The examiner will treat it as a fresh application and assess it against the live register, which no longer includes your mark. There is no statutory right for the former owner to object on the sole ground that they used to own it. This is why treating the 6-month deadline as the final backstop — not a casual reminder — is critical.

How the restoration process interacts with Nepal's trademark law

The entire restoration mechanism sits in Sec. 23B of the Patent, Design and Trademark Act 1965. Subsection (1) sets the standard rule: renew within 35 days of expiry. Subsection (2) creates the safety net — renewal may be made within six months of expiry on payment of the prescribed fine. If the fine is not paid within that period, the registration is automatically cancelled. The section uses the word "automatically," which means the DoI does not need to issue a cancellation notice or conduct a hearing. The system simply treats the mark as dead. This is also why you should never assume you will receive a warning letter — the DoI publishes renewals and cancellations in the Industrial Property Bulletin as a public record, but it does not send personal reminders.

Practical example: a Kathmandu clothing brand

Imagine a Kathmandu-based apparel company that registered its logo as a trademark in Class 25 in 2017. The registration certificate shows a date of 15 January 2017, so the 7-year term expires on 15 January 2024. The owner changed their office address in 2022 and forgot to update the DoI record. The renewal notice was sent to the old address and never received. In June 2024, a distributor points out that the brand's registration has lapsed. The owner still has time — the 6-month grace period runs until 15 July 2024. Our team helps them prepare a notarised Power of Attorney, a fresh board resolution, and the renewal application with the late fee. We file it with the DoI on 20 June 2024. The mark is restored with a new 7-year term backdated to 15 January 2024. Had the owner waited until August, the mark would have been cancelled and a competitor could have applied for the same logo the following week.

Does restoring a lapsed trademark change the renewal cycle?

No, and this is important for your long-term IP calendar. The renewed term runs from the original expiry date, not from the restoration date. If your mark expired on 1 March 2025 and you restore it in August 2025, your next renewal is due on 1 March 2032 — not August 2032. The late renewal does not give you a "fresh" 7-year clock starting on the filing date of the restoration. Mark your calendar from the original registration date, and set a reminder at least 3 months before the next expiry. Our renewal calculator can help you map out the full cycle.

Common mistakes that derail a trademark restoration

When restoration is not possible: alternatives to consider

If you have passed the 6-month grace period, restoration is off the table. Your options narrow to one: file a brand-new trademark application with the DoI. The process is identical to any first-time filing — examination, publication in the Industrial Property Bulletin, a 90-day opposition window, and the standard 12–14 month timeline before you receive the registration certificate. You cannot claim priority from the old registration, and you will need a fresh set of documents including the application form, Power of Attorney, board resolution, and specimens of the mark. If a third party has already applied for the same or a confusingly similar mark in the interim, you may need to consider opposition proceedings. Our team can help you assess the live register through a trademark search and advise whether a new application is likely to face conflicts.

In short

A lapsed trademark in Nepal is not automatically lost — you have a 6-month window to restore it by filing a late renewal and paying the prescribed fine. After that, the mark is cancelled and the only path is a fresh application with no priority. The restoration process is straightforward but unforgiving on deadlines. The DoI will not remind you, and Nepal's first-to-file system means a cancelled mark is fair game for competitors the very next day. If you think your mark has lapsed or is about to, check the expiry date today and speak with our team before the clock runs out.

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If your trademark has lapsed or the renewal deadline is approaching, do not wait. Run a quick search to confirm your mark's current status, then get in touch with our team to start the restoration. We handle the paperwork, the DoI filing, and the follow-up so you do not lose a brand you have spent years building.