The trademark renewal period in Nepal begins with a seven-year registration term. Sec. 23B provides an ordinary renewal deadline running for 35 days after expiry, followed by a six-month late-renewal route. Owners should start preparing before expiry and track every Department of Industry certificate separately.
Key takeaways
- Sec. 18D gives a registered trademark a 7-year term from registration.
- Sec. 23B permits renewal for further seven-year terms.
- The ordinary renewal deadline runs for 35 days after expiry.
- The statutory six-month late-renewal route follows that ordinary deadline.
- Missing the available renewal routes can result in cancellation.
- Each class, word mark and separately registered logo has its own record.
- Renewal preserves the registration term but does not cure every ownership or non-use issue.
How long does a Nepal trademark registration last?
Sec. 18D provides a term of seven years from the date of registration. The registration date on the certificate matters; the application date, publication date, first-use date and company-registration date are different dates.
Sec. 23B allows renewal for another seven years at a time and states no fixed numerical limit on renewals. A brand can therefore continue through successive terms if the owner completes the required renewal procedure and the registration remains valid.
When is the ordinary renewal deadline?
The statutory wording provides an ordinary renewal period running for 35 days after expiry. This is not a reason to wait: certificate, ownership or authority problems can take time to resolve, and the filing should be prepared before the term ends.
Use the renewal calculator as a planning aid, then verify the certificate and Department record. A calendar entry based only on an application receipt can be wrong because the registered term runs from registration.
When does the six-month late route begin?
The six-month late-renewal route follows the ordinary 35-day deadline. In other words, it should not be described as if it begins on the expiry date. The late route is a rescue provision, not the recommended filing window.
Confirm the exact status, required step and current Department practice before relying on it. If the available period passes without renewal, the registration can be cancelled and the old certificate should not be presented as a current registration.
What should be checked before renewal?
| Record | Question | Why it matters |
|---|---|---|
| Certificate | What is the registration date and number? | They identify the term and file |
| Owner | Does the registered name match the current owner? | Assignments or mergers may need attention |
| Mark | Is it a word mark, logo or combined mark? | Each registered sign has its own scope |
| Class | Which Nice class is on the certificate? | Each class is a separate record |
| Use | Has the mark been used and documented? | Renewal does not erase non-use risk |
| Authority | Who may instruct and sign? | Last-minute authority gaps delay filing |
Build the renewal file from the certificate rather than a marketing asset list. A company may use many brand variants while owning only one registered representation.
How do you renew a trademark in Nepal?
Renewal is handled with the Department of Industry under Sec. 23B. The owner or authorised representative should verify the record, prepare the current renewal request and authority documents, complete the required procedure and retain evidence of the renewed term.
- Inventory the certificates. List every word mark, logo and class registration.
- Verify the dates. Use the registration date and calculate the term carefully.
- Check ownership. Identify assignments, mergers, name changes or address changes.
- Confirm authority. Ensure the signatory or representative can act for the owner.
- Prepare the renewal. Use the current Department form and document requirements.
- File and preserve proof. Keep the submission and resulting Department record.
- Reset the calendar. Record the next seven-year term for each certificate.
What documents are required?
The exact current document set should be confirmed with the Department or filing representative. Prepare the registration certificate or record, renewal request, owner details and authority for the person acting. A foreign owner may need a Nepal representative and current power of attorney.
Do not rely on a generic checklist where the registered owner has merged, assigned the mark or changed its name. Renewal is not automatically a substitute for recording an ownership change, and mismatched names can require clarification.
What legal provisions control renewal?
The Patent, Design and Trademark Act 1965 governs the term and renewal. Sec. 16 restricts copying or using another person's registered mark without transfer or written permission. Sec. 18D establishes the seven-year term, Sec. 23B provides renewal, Sec. 18A creates separate class applications, and Sec. 18C addresses non-use cancellation.
Read the current consolidation through the Nepal Law Commission and verify administrative requirements with the Department of Industry. WIPO Lex also provides the legislation record. Official text and the certificate should control over an old online checklist.
Is renewal the same as a new application?
No. Renewal continues an existing registration term. A new application seeks a new right and must pass examination and the applicable publication process. The first-to-file position and registration history can therefore differ significantly.
A qualifying new trademark application may appear in the Industrial Property Bulletin with an opposition period stated in its notice. Renewal does not ordinarily repeat that full application route. If a certificate has been cancelled, use the trademark registration service to assess whether a fresh filing is available.
How should a business verify its portfolio?
Start with original certificates and internal assignment records, then compare available Department and published data. The application-number lookup can help locate published entries, but it is not a complete public status tracker and does not replace the certificate.
Check spelling, owner, address, class, mark image and registration date certificate by certificate. If an unexpected owner or later similar mark appears, use the conflict checker to organise the review and seek advice before the deadline.
How would a multi-class renewal work?
Imagine “Himal Loom” owns a word mark in Class 25 for clothing, the same words in Class 35 for retail services and a separately filed mountain logo. This is an illustration, not a real case. It has three certificates to identify and check.
Renewing the Class 25 word mark does not renew Class 35 or the logo. The owner should verify each registration date, scope and ownership record, submit the required renewal action for each certificate and reset three separate calendar entries.
What proof should be kept after filing?
Retain the filed request, submission evidence, Department receipt or acknowledgment, resulting renewal endorsement or record, and the authority documents used. Record who instructed the filing and which certificate and class it covered.
Do not close the task merely because documents were sent to a representative. Confirm the Department result and next deadline. If the official record differs from the instruction, resolve the discrepancy while supporting documents remain available.
How do separate Nice classes affect renewal?
Sec. 18A requires separate applications for different classes. The resulting registrations should therefore be tracked separately. Renewing a word mark in Class 25 does not renew the same mark's Class 35 service registration.
The same applies where a business registered a word mark and logo separately. One surviving certificate does not preserve the other. Use the owner and applicant search and internal certificates to build the portfolio, remembering that public data may not show the complete current register status.
Does renewal prove the mark is being used?
No. Renewal preserves the registration term, but Sec. 18C separately permits cancellation where a registered mark has not been used for one year from registration. Completing a renewal form does not itself prove genuine marketplace use.
Keep dated invoices, packaging, advertisements, website captures, distributor records and other evidence connected to Nepal. The legal sufficiency of evidence depends on the facts and should be reviewed by a lawyer if non-use is challenged.
What happens if the owner or address changed?
Compare the certificate owner with the current legal entity before renewal. A merger, assignment, company-name change or address change may require separate record work, and the supporting documents should explain continuity.
Do not wait until the renewal deadline to locate an unavailable former signatory or missing assignment. The trademark renewal service can review the certificate and ownership record before filing.
Can a foreign owner renew through Madrid?
No. Nepal is not a Madrid System member, so an international renewal does not renew the Nepal national registration. A foreign owner should maintain Nepal instructions, authority documents and deadlines separately.
The Nepal certificate remains territorial even if the same brand has registrations elsewhere. Keep country calendars distinct and confirm who is responsible for each national renewal.
What happens if the registration is cancelled?
A fresh application may be required, but it does not simply restore the old registration date or history. It faces the application, examination and publication process and any conflicting rights that exist when the new filing is made.
Search before refiling through the published-mark database and obtain advice on the cancelled record. If another party has applied, an opposition or ownership dispute may require the opposition and enforcement service.
Common mistakes in trademark renewal
- Calculating the term from filing rather than registration.
- Describing the six-month late route as beginning at expiry.
- Renewing one class while overlooking another certificate.
- Assuming a word mark renewal also renews a separate logo.
- Ignoring an assignment, merger or owner-name mismatch.
- Assuming an international renewal covers Nepal.
- Treating renewal as proof of use or a cure for every defect.
What should a renewal calendar contain?
- Registration number and registration date.
- Owner name and responsible contact.
- Word mark, logo or combined representation.
- Nice class and registered scope.
- Seven-year expiry and ordinary 35-day deadline.
- Late-route end date, verified from the statute and record.
- Instruction, filing and confirmation dates.
In short
Start well before expiry, calculate carefully from the registration date and treat every certificate as a separate renewal record. The ordinary period runs for 35 days after expiry, the six-month late route follows it, and a missed available route can end the registration.
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For certificate, ownership and deadline review, use the trademark renewal service or contact IP Sewa.
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