Recent civil unrest in Nepal, coupled with a series of consecutive notices issued by the Department of Industry (DOI) regarding pending and registered trademarks has created uncertainty for trademark applicants and brand owners. Questions around applicable deadlines, documentation requirements and trademark use obligations have understandably caused concern. Here’s what you need to know –
DOI Notices: Current Legal Position
On August 19, 2025, the DOI issued a notice requiring submission of pending documents for all pending applications and payment & collection of registration certificates for all uncollected certificates of registered marks within a 90-day period. However, this notice was subsequently revoked on September 24, 2025, due to widespread disruption caused by the Gen Z movement.
The currently operative notice, dated December 1, 2025, sets out the following requirements.
- Re-submission of Incomplete Applications: Applicants who have applied for trademark registration and whose documents are not complete, and who have previously applied, should re-submit the application along with the necessary documents within 90 days (i.e., by February 28, 2026). All old applications that have been applied for more than 7 years and remain incomplete by this deadline will be automatically cancelled.
- Collection of Registration Certificates: Applicants whose marks were published in the Industrial Property Bulletin prior to this notice, and against which no opposition has been filed, must apply for issuance of the Registration Certificate within 6 months (i.e., by June 1, 2026). Failure to do so will result in cancellation of the trademark application.
Clarification regarding Use requirements in Nepal: The revoked notice of August 19, 2025 had also directed the registrants to submit evidence of use or product samples within 60 days (under Section 18C of PDTA). As this notice is no longer in force, the current legal position does not mandate submission of use evidence. However, it is highly likely that the DOI may issue further directions on use requirements shortly. As a risk-mitigation measure, it is advisable to commence use of your trademarks in Nepal and maintain evidence of such use to avoid potential cancellation in the future.
Recommended Next Steps –
Pending Applicants: Ensure to submit pending documents including original Power of Attorney, Home Registration Certificate and Priority document (if priority has been claimed) before the deadline.
Registered Owners:
- Pay the prescribed fee for registration and collect the Registration Certificates within the deadline.
- Though there is no mandate currently, collect and submit evidence of use of your mark in Nepal to avoid risk of cancellation.
If you require any clarification or assistance, feel free to contact us for a quick assessment!
Source: Official Notice can be accessed here.
Written by Keerthana K
Editorial Staff
Editorial Staff at Selvam and Selvam is a team of Lawyers, Interns and Staff with expertise in Intellectual Property Rights led by Raja Selvam.
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