Withdrawing a Trademark Application in Nepal

To withdraw a trademark application in Nepal, you file a written withdrawal request with the Department of Industry before the mark is registered. The Patent, Design and Trade Mark Act 1965 doesn't set out a dedicated withdrawal form, but the DoI accepts voluntary withdrawals as a matter of practice — rights are abandoned and the application will not proceed to publication or registration.

Key Takeaways

• You can voluntarily withdraw a Nepal trademark application at any point before the registration certificate is issued.
• There is no specific PDTA section governing withdrawal — it's handled as an administrative request to the Department of Industry.
• Once withdrawn, your filing date and priority rights are lost, and the mark reverts to the public domain.
• Government filing fees already paid are not refundable.
• If your mark is already published in the Industrial Property Bulletin, withdrawal ends any pending opposition proceedings.
• In many cases, amending the application or narrowing the list of goods is a better alternative than withdrawing entirely.
• Our team can help you prepare and lodge a withdrawal or amendment request — reach out via /contact.

What does it mean to withdraw a trademark application in Nepal?

Withdrawing a trademark application means you voluntarily abandon your pending filing with the Department of Industry before it matures into a registration. It's your decision as the applicant — you're telling the DoI you no longer want the mark examined or published. Once withdrawn, the application ceases to exist, and whatever priority date you had secured under Nepal's first-to-file system is gone.

Is there a specific legal provision for withdrawal in Nepal's trademark law?

No. The Patent, Design and Trade Mark Act 1965 does not contain a standalone section on voluntary withdrawal of a trademark application. The Act covers refusal, opposition, cancellation, and lapsing — but not an applicant-initiated pullback. In practice, the Department of Industry treats withdrawal as an administrative matter and accepts a written request, provided the application hasn't yet been registered.

Why would someone withdraw a trademark application in Nepal?

The most common reason we see is a business pivot — you filed for a brand name, then changed direction before launch. Other triggers include discovering a conflicting prior mark during your own trademark database search that makes registration unlikely, a co-owner dispute, or a decision to rebrand entirely. Sometimes an applicant realises they filed in the wrong NICE class and prefers to start fresh rather than amend.

When can you withdraw — and when is it too late?

You can withdraw at any stage after filing and before the registration certificate is issued. That covers the examination phase, the Industrial Property Bulletin publication phase, and the 90-day opposition window. Once the certificate is granted, you can't withdraw — you'd need to formally cancel the registration instead, which is a different process under Sec. 18C of the Act.

How to withdraw a trademark application in Nepal — step by step

The DoI has no prescribed withdrawal form, so the process relies on a signed written request. Here's what it looks like in practice:

1. Prepare a withdrawal letter. State the application number, the mark, the applicant's name, and a clear instruction to withdraw. Sign it. If a Power of Attorney was filed through an agent, the agent typically submits it.
2. Attach proof of identity. Include a copy of the applicant's citizenship certificate or company registration certificate to confirm authority.
3. Lodge the request with the DoI. Submit the letter to the Department of Industry, Tripureshwor, Kathmandu. If you filed through a local representative, they handle this step.
4. Obtain an acknowledgement. Ask for a stamped receipt or filing note confirming the withdrawal has been received and recorded.
5. Confirm the application is closed. The DoI will remove the application from the examination queue. If it was already published, the Industrial Property Bulletin record is updated to reflect the withdrawal.

If your application is facing an opposition, the withdrawal automatically ends those proceedings — the opponent's objection becomes moot. Our team can help you prepare a proper withdrawal request; reach us at /contact.

What documents are needed to withdraw?

Does withdrawing a Nepal trademark application cost anything?

The Department of Industry does not charge a separate withdrawal fee. However, any government application fee you already paid is not refunded — once the DoI accepts a filing, that cost is sunk. If you engage a professional to prepare and lodge the withdrawal, there will be a service fee. The total cost depends on whether your case needs a simple letter or involves an ongoing opposition that must also be closed out. For a current estimate, try our fee calculator or reach out directly.

What happens after you withdraw?

Your application disappears from the DoI's active docket. The filing date and any priority claim under the Paris Convention are lost. The mark itself returns to the public domain — anyone else can file for it the next day, because Nepal is a first-to-file jurisdiction and you've surrendered your place in the queue. If you later change your mind, you start again from scratch with a brand-new application.

Alternatives: do you really need to withdraw?

A common mistake we see is abandoning an application when a simpler fix was available. Before you withdraw, consider these options:

• Amend the application. You can correct the applicant name, address, or narrow the list of goods and services without losing your filing date. The DoI accepts amendment requests, and the process is often quicker than re-filing.
• Assign the application to someone else. If you're selling the business or brand, you can transfer the pending application rather than withdraw it. The assignment is recorded with the DoI.
• Let it lapse passively. If you simply stop responding to an examination objection, the DoI will eventually abandon the file. This isn't always advisable — a clean withdrawal is tidier — but it costs nothing.
• Narrow the class coverage. If the examiner raised a conflict in one narrow area, you might delete those specific goods rather than scrap the whole filing. Use our NICE class finder to check what your mark should actually cover.

If you're unsure which path fits, our team can review your file and give you a straight answer — just head to /contact.

A realistic Nepal example: the café that changed its name

Suppose a Kathmandu entrepreneur files a trademark for "Himal Java House" in Class 43 for café services. Two months later, she decides the name will be "Yeti Beans" instead. She hasn't launched yet, the mark isn't published, and no third party has rights. Rather than let the old application sit and risk confusion, she instructs her agent to withdraw "Himal Java House" and files fresh for "Yeti Beans." She loses the original filing date but gains a clean path to registration with no conflicting record. That's a textbook case for withdrawal.

Common mistakes when withdrawing a trademark application in Nepal

Watch out for these pitfalls — they're what we see trip people up most often:

• Withdrawing instead of amending. If the only issue is a typo in the applicant name or a goods description that's too broad, an amendment preserves your filing date. Withdrawal throws it away.
• Not getting written confirmation. Always obtain a stamped acknowledgement from the DoI. Without it, you can't prove the withdrawal happened — and a registration could theoretically issue on a file you thought was closed.
• Assuming fees are refundable. They're not. The government application fee is spent the moment the DoI accepts your filing. Don't withdraw thinking you'll get money back.
• Not checking for priority claims. If you claimed Paris Convention priority based on a foreign filing, withdrawing the Nepal application severs that link. Make sure that's what you want before proceeding.
• Forgetting to tell your agent. If a representative filed for you, all correspondence goes through them. Instruct them clearly and in writing.

In short, withdrawing a trademark application in Nepal is straightforward — a signed letter to the DoI — but it's permanent. Check whether an amendment, assignment, or narrowing your class coverage gets you where you need to go before you pull the plug. If you do need to withdraw, or want someone to look at your options first, use our trademark search to check the current state of the register, and reach out — we'll help you figure out the smartest next move.

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