This comprehensive guide explains trademark renewal in Nepal, including deadlines, penalties, procedures, practical tips, and how to avoid common pitfalls. It is written for brand owners, business leaders, and legal professionals who need clarity on maintaining trademark validity in Nepal. Where helpful, we reference trusted legal frameworks and practices to ensure you have reliable, actionable information.
Understanding Trademark Validity and Renewal in Nepal
Under Nepal’s trademark regime, a registered trademark is valid for an initial period of seven years from the date of registration with the Department of Industry (DOI), which administers trademark registrations in Nepal.
Once this term expires, you must renew the trademark to maintain legal protection and exclusive rights. Renewal extends protection for another seven‑year period and can be repeated indefinitely, provided the renewal requirements are met.
Renewal Deadlines: Key Time Periods to Remember
Timeliness is critical in trademark maintenance. Nepalese trademark law establishes clear windows for renewal:
Standard Renewal Window
The primary renewal period begins when the current seven‑year term expires. You must file the renewal application within 35 days following the expiry date of your trademark registration.
Failing to renew during this initial window will expose your trademark to cancellation, unless you act within the extended grace period.
Grace Period for Late Renewal
If you miss the initial 35‑day renewal window, Nepalese law allows a grace period of six months after the expiry of the standard renewal period during which you can still renew the trademark by paying a late fee.
This grace period gives trademark owners a second chance to retain protection without restarting the entire registration process.
After the Grace Period
If renewal is not filed within the six‑month grace period, the trademark is deemed cancelled and all proprietary rights are lost. Once a trademark is cancelled for non‑renewal, it cannot be restored, and a third party may register the same or confusingly similar mark.
Official Fees and Penalties for Renewal
Timely payment of renewal fees is essential. Below is a summary of the official fee structure related to trademark renewal in Nepal:
Trademark renewal fee: NPR 500 per class at the time of renewal application.
Late renewal penalty: NPR 1,000 if renewal is filed during the six‑month grace period after the initial renewal window.
Consequences of Failing to Renew
Failure to renew your trademark on time can have serious consequences:
Loss of Exclusive Rights
Once a trademark is cancelled for non‑renewal, you lose the exclusive right to use that mark in Nepal. Competitors may then register an identical or similar mark and operate under that brand.
Loss of Brand Value
A trademark often represents years of investment in brand building. Losing rights due to non‑renewal can lead to loss of goodwill, market recognition, and customer trust.
Costly Refiling
Re‑registering a lapsed trademark is essentially treated as a new application, which means starting the process again with associated application, registration, and professional fees. There is no legal provision for restoring an expired trademark once the grace period has passed.
Practical Steps to Avoid Trademark Renewal Lapse
Maintaining trademark protection in Nepal requires proactive planning and compliance. Below are practical steps to ensure you never miss a renewal:
1. Track Renewal Deadlines
Put key dates especially the 35‑day renewal window and six‑month grace period—into a compliance calendar with reminders well in advance of expiry.
2. Prepare Renewal Documentation Early
To avoid last‑minute errors, gather all required documentation, including the original registration certificate and renewal application forms, at least three months before expiry.
3. Monitor Department Notifications
The Department of Industry does not routinely notify trademark owners of expiry or cancellation. Regular review of your portfolio and DOI publications ensures you remain informed.
4. Maintain Proof of Use
Although proof of use is not typically required for renewal itself, continued use strengthens your legal standing and reduces the risk of challenges based on non‑use.
5. Engage a Professional Trademark Agent
Trademark law in Nepal allows trademark owners to appoint an attorney or legal practitioner to act on their behalf. At Axcel Law Associates, we provide comprehensive trademark portfolio management, including renewal tracking, timely filings, and strategic advice tailored to your business objectives.
Renewal Process: Step‑by‑Step
While the renewal may appear straightforward, ensuring accuracy in documentation and compliance with statutory fees is essential:
Submit Renewal Application within the 35‑day window after expiry.
Pay the Renewal Fee as prescribed by law.
If Delayed, file within the six‑month grace period along with the late renewal penalty fee.
Update Records with the Department of Industry to reflect successful renewal.
Navigating these steps correctly can prevent administrative delays or rejection.
Common Mistakes to Avoid
Many trademark owners unintentionally lose protection due to simple oversights. Common errors include:
Ignoring the renewal deadline and relying on reminders from the government.
Failing to appoint an agent responsible for ongoing portfolio management.
Assuming renewal fees are optional or can be paid late without consequences.
Not updating renewal records or failing to communicate with local counsel.
A proactive renewal strategy is essential to safeguard valuable trademark assets.
Why Professional Trademark Management Matters
At Axcel Law Associates, we understand that trademark renewal is more than an administrative task it is part of your brand protection strategy. We assist clients with:
Timely filing and renewal calendar management
Document preparation and submission
Liaison with the Department of Industry
Strategic counsel on portfolio planning and expansion
Proactive legal support reduces risk and ensures continuity of rights.
Conclusion: Protect Your Trademark With Diligence
Trademark renewal is a legal obligation in Nepal and a practical necessity for any business that values brand integrity. The deadlines and penalties for late renewal are strict, and failure to comply leads to loss of rights and potential competitive harm. By understanding the renewal timeline, planning ahead, and engaging professional assistance where needed, you can safeguard your trademark and maintain uninterrupted protection in Nepal.
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