Many trademark renewal myths circulating among Nepali business owners are flat-out wrong and can cost you your registered mark. In Nepal, the Department of Industry (DoI) grants a 7-year registration term under the Patent, Design and Trademark Act 1965 — and renewal is never automatic. Here is what the law actually requires.
Key Takeaways
- Trademark registration in Nepal is valid for 7 years, not 10 — and you must actively renew it each term.
- You cannot renew a mark that has been cancelled; a lapsed registration is gone and you must file fresh.
- The renewal window is 35 days before expiry, with a late grace period of 6 months plus a government late fee.
- Renewal does not require re-filing all original documents, but you still need a notarised Power of Attorney.
- Using your mark continuously is not a substitute for filing a renewal application with the DoI.
- A renewal keeps exactly the same registration — you cannot expand the scope or add classes through a renewal.
- Foreign applicants renew the same way as domestic ones — through a Nepal-based agent with a valid Power of Attorney.
What is the biggest trademark renewal myth in Nepal?
The most dangerous trademark renewal myth we encounter is that registration lasts 10 years. Under the Patent, Design and Trademark Act 1965, a registered trademark in Nepal is valid for 7 years from the date of registration — not 10. This confusion often comes from business owners familiar with India's 10-year term or the international standard under the Madrid System. Nepal is not a Madrid member, and the DoI applies the 7-year term uniformly under Sec. 18D. If you budget for a decade and miss the seventh-year deadline, your mark lapses.
Does the DoI send me a renewal reminder automatically?
No — and assuming the Department of Industry will notify you is one of the costliest trademark renewal myths around. The DoI does not operate an automatic reminder or alert service for upcoming renewals. It publishes renewals and cancellations in the Industrial Property Bulletin for public information under Sec. 21A(1), but that publication happens after the fact. The responsibility to track the seven-year cycle and file within the 35-day window before expiry sits entirely with you — or with a representative you have instructed. Our team can help you manage renewal deadlines; reach out through our contact page before a deadline slips.
Myth: I can renew my trademark anytime after it expires
You cannot. The Act allows renewal within 35 days of the expiry date, and a late renewal is permitted only within a further 6-month grace period — and that late filing attracts a government fine on top of the standard renewal fee. Once those six months pass, the registration is automatically cancelled under Sec. 23B(2). There is no "extended" restoration window, no petition to revive, and no discretion from the DoI. A cancelled mark is gone. To protect the brand again, you would have to file a fresh application from scratch — and you lose your original priority date.
Myth: using my trademark continuously means I don't need to renew
Use in the marketplace does not keep a registration alive. Nepal is a first-to-file jurisdiction — rights flow from registration, not from use. While the Act does require that a registered mark be put to use within one year of registration (Sec. 18C) to avoid cancellation for non-use, the reverse is not true: continuous use does not substitute for filing a renewal application and paying the renewal fee. If your seven-year term ends and you fail to renew, the DoI cancels the registration regardless of how actively you have been trading under the mark. Your only fallback would be a common-law passing-off claim, which is far weaker and harder to enforce than a registered right.
Which documents do I actually need for a renewal in Nepal?
A persistent trademark renewal myth is that renewal requires the full original filing bundle. In practice, a renewal is simpler. You need a completed renewal application form, a notarised Power of Attorney (signed, sealed, and attested by two witnesses), and — for foreign applicants — a notarised copy of the home registration certificate. You do not need to resubmit the board resolution, tax clearance letter, or specimen labels that accompanied the original application. Still, any missing signature or an expired Power of Attorney will stall the process, so check these documents well ahead of the deadline. For a checklist specific to your situation, use the renewal calculator or review the full document guide on documents required for trademark registration.
Myth: I can add new goods or services when I renew
A renewal does exactly one thing: it extends the life of your existing registration for another seven years. You cannot use a renewal filing to add new NICE classes, broaden the specification of goods or services, or update the mark itself. Those changes require a separate application — a fresh filing in the new class, or an amendment application — each with its own government fees and examination process. If your business has expanded into new product categories since you first registered, you need an additional trademark application, not a renewal. Check which classes you need with the NICE class finder.
What happens if my mark is cancelled — can I just re-register it?
Technically, yes — you can file a fresh application for the same mark. But you lose your original priority date, and there is no guarantee the DoI will approve it. Between the cancellation and the new filing, a third party may have applied for a confusingly similar mark. Since Nepal operates on a first-to-file basis, that intervening application would block yours. The fresh application also goes through the full examination, publication in the Industrial Property Bulletin, and the 90-day opposition window all over again. A simple renewal keeps your original filing date and avoids re-opening the door to objections. If you are unsure of your mark's current status, run a quick check using our trademark database search.
Do foreign-owned marks follow different renewal rules?
They do not. The same 7-year term, the same 35-day renewal window, and the same 6-month late grace period apply to every registered trademark in Nepal — domestic or foreign. The only practical difference is that a foreign applicant must file through a Nepal-based agent or representative and must submit a notarised copy of the home registration certificate along with the Power of Attorney. There is no separate "foreign renewal" process, no higher renewal term, and no exemption from the late fee. Because Nepal is not a member of the Madrid System, you cannot renew a Nepal registration through an international filing — it must be handled directly with the DoI.
Myth: a trademark renewal search is unnecessary — I already own the mark
Many owners assume that because their mark is registered, no one else could have filed something similar. That is not how the DoI's examination works in practice. During the seven years since your registration, another business may have applied for and obtained a registration for a mark that is confusingly close to yours — perhaps in a related NICE class that the examiner did not flag against your registration. Running a trademark database search before renewal gives you a current picture of the register. It also helps you spot whether your own mark has been cited against a newer application, which can surface early warning signs of a dispute.
A real-world Nepal scenario: the missed renewal that killed a café brand
Imagine a popular Kathmandu coffee chain — let's call it "Himal Bean" — that registered its wordmark in Class 43 for café services in 2018. The founders assumed registration lasted a decade. In 2025, the seventh year passed without a renewal filing. Six months into 2026, the mark was automatically cancelled. A competitor noticed the lapse, filed for "Himal Bean Coffee" in Class 43, and secured registration. The original owners now have no registered right to the name they built for eight years. They cannot stop the competitor from using it, and a passing-off action is expensive, slow, and uncertain. This is not a hypothetical — variations of this scenario play out in the DoI records regularly. A simple renewal filing would have prevented it entirely.
How to renew a Nepal trademark — the practical steps
- Check your expiry date. Count seven years from the date on your registration certificate — not from the filing date. Mark the deadline in your calendar at least two months ahead.
- Prepare your documents. Get a fresh notarised Power of Attorney signed, sealed, and attested by two witnesses. Foreign applicants should also ready a notarised copy of the home registration certificate.
- File the renewal application with the DoI. Submit the form and documents within 35 days before expiry. If you have already passed the date, file immediately — you are in the 6-month late grace window.
- Pay the government renewal fee. If you are within the 35-day standard window, the standard renewal fee applies. If you are in the 6-month grace period, a late fee is added. Both are paid to the DoI.
- Confirm the renewal is recorded. The DoI will update the register and publish the renewal in the Industrial Property Bulletin. Keep a copy of the renewed certificate for your records.
Trademark renewal cost factors in Nepal
Renewal costs are made up of two components: the government fee paid to the DoI and the professional fee charged by your agent or legal representative. The government fee is a flat per-class charge — renewing a mark registered in two NICE classes means paying that fee twice. If you have entered the 6-month late grace period, an additional government late fee applies per class. Professional fees vary depending on the complexity of your file and whether any Power of Attorney needs updating. For a current estimate based on your exact situation, visit our trademark fee calculator or reach out through our contact page.
| Scenario | Window | Late fee applies? | Mark at risk? |
|---|---|---|---|
| Standard renewal | 35 days before expiry | No | No — safe |
| Late renewal | Within 6 months after expiry | Yes | No — but must act now |
| Beyond grace period | After 6 months post-expiry | N/A | Yes — automatically cancelled |
Legal basis for trademark renewal in Nepal
The rules governing renewal sit in the Patent, Design and Trademark Act 1965. Sec. 18D sets the initial 7-year registration term. Sec. 23B(1) requires renewal within 35 days of expiry, and Sec. 23B(2) provides the 6-month late grace period with a fine, after which the registration is automatically cancelled. Sec. 23B(3) confirms that a trademark may be renewed for further 7-year terms indefinitely — there is no cap on the number of renewals. The Department of Industry administers these provisions, and all renewals and cancellations are published in the Industrial Property Bulletin under Sec. 21A. Nepal's framework aligns broadly with the standards of the Paris Convention and TRIPS, to which Nepal is a party, although the 7-year term is a local variation from the more common 10-year international norm. The full statute text is accessible through the Nepal Law Commission.
Common mistakes that feed renewal myths in Nepal
- Confusing the filing date with the registration date. The 7-year term runs from the date on the certificate, not the date you filed the application. That can be a difference of 12 months or more.
- Relying on an agent who has closed their practice. If the representative who filed your original application is no longer active, no one is tracking your deadline. Always confirm your current agent's contact details are on file with the DoI.
- Assuming all classes renew together automatically. If your mark is registered in multiple NICE classes, each registration has its own term and its own renewal fee. Missing one class means losing protection in that class.
- Waiting until the last week of the grace period. The DoI's processing is not instantaneous. A renewal filed on the final day of the sixth month may not be recorded in time, and the cancellation could still take effect.
- Treating a company name registration as a trademark renewal. Registering a company name with the Office of the Company Registrar (OCR) does not protect your brand as a trademark and does not renew your DoI registration. These are separate registries.
In short: trademark renewal in Nepal is a hard deadline, not a suggestion. The 7-year term, the 35-day window, and the 6-month grace period are fixed by law. Miss them and your registered mark — and the priority date that protects it — is gone. The good news is that a timely renewal is straightforward, costs far less than re-filing, and keeps your brand protected indefinitely.
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Not sure when your trademark renewal is due — or whether your mark is still on the register? Run a quick trademark database search to check its current status, then use our renewal calculator to confirm your deadline. If you need help filing the renewal or have questions about your specific situation, get in touch with our team — we handle trademark renewals with the Department of Industry every week and can make sure yours doesn't slip through the cracks.
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