Nepal - Procedural updates concerning trade mark cases – Immediate action required

Written By Tim Noel

There have been some important procedural updates concerning trade mark applications and registrations in Nepal, following a notice issued by the Department of Industries of Nepal (“DOI”) on 19 August  2025, and subsequent clarifications received from Registry officials.

We summarise below the key developments and recommended actions: 

1. Pending trade mark applications

Action Required by: 16 November 2025

  • Applicants must submit any outstanding documents for applications not yet published in the Industrial Property Bulletin.

  • If all formalities are complete, the prescribed fee must be paid and the registration certificate collected.

  • All submissions must be made within 90 days of the notice date, i.e., by 16 November 2025.

Important:
Trade mark applications pending for over 7 years will be automatically cancelled by the DOI if the required documents are not submitted by the deadline.  No further notice will be issued, and such applications will be deemed abandoned.

2. Registered trade marks

In Nepal, trade marks which have not been used for a period of 1 year from the date of registration may be vulnerable to non-use cancellation upon action by a third party.

A. Trade marks registered before 19 August 2025

  • The DOI’s notification indicates that evidence of use should be submitted within 60 days of the notice date.

  • Whilst the DOI has advised that this submission is not strictly mandatory, it is strongly recommended to submit proof of use as early as possible to avoid cancellation due to non-use or future objections or Registry notices.

B. Trade marks registered after 19 August 2025

  • It is recommended to submit evidence of use promptly after registration.

  • Whilst the Nepalese law requires this evidence to be submitted within 1 year of the registration date, the Paris Convention allows foreign trade mark applicants to submit this evidence by the later date of 3 years from registration.

Recommendation:
Despite the extended timeline, the DOI encourages timely submission to ensure continued protection and avoid challenges to validity.

Next Steps

✅ Review your trade mark portfolio for Nepal;

✅ Identify and submit any pending documents or proof of use;

✅ Reach out to us for assistance or clarification.

 

We will continue to monitor developments and share updates. Please do not hesitate to contact us should you require further support.

Tim Noel

Tim is a Chartered Trade Mark Attorney with over 17 years of experience supporting clients in all aspects of IP services.  He oversees and manages the department on a day-to-day basis.

Tim holds a degree in Mechanical Engineering from Bristol University and joined Lysaght in 2014 with eight years of experience in the IP industry.

Tim is responsible for prosecution work, in addition to registration and renewals in more complex jurisdictions. Tim also works on a number of contentious matters and opposition cases.  As well as his client portfolio and managerial responsibilities, Tim is a member of CITMA and volunteers for the free advice clinics to members of the public as well as sitting on the INTA Legislation and Regulation Committee.

In 2016 Tim was awarded the Postgraduate Certificate in Intellectual Property (with Merit) from Bournemouth University and became a Chartered Trade Mark Attorney in 2018.

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