NEPAL : Your Trademark Portfolio Mandatory Submission of Evidence of Use

Time:2025-12-22

Source:ANATIP PTE

Author:

Type:Trademark


Jurisdiction:Nepal

Publication Date:2025-12-22

Technical Field:{{fyxType}}

Initial Notice issued on - 19 August 2025

Suspension Notice - 24 September 2025

Current Notice issued on : 01 December 2025

 

by the Department of Industry (DoI), NEPAL

(TRADEMARKS)                        

 

(A)  The current "Notice" issued on 01 December 2025 re-establishes the procedural requirements for applicants affected by the loss of files, during the recent civil disturbance.

The notice sets out mandatory deadlines for:

1.    Pending Applications (not published) with Incomplete Documents

For all applications pending for more than seven (7) years due to incomplete submission of document(s) a request must be filed, along with all required supporting documents, within 90 days (February 28, 2026) from the date of publication of this notice. Failure to submit the required documents by the stated deadline will result in automatic ( suo moto ) cancellation of trademark applications that have been pending for a period exceeding seven (7) years. This action will be taken unilaterally by the Trademarks Registry, and such applications will be deemed abandoned and removed from the official records, without further notice.

2.    Trademark applications published in the IP Bulletin prior to the publication of this notice which have surpassed the opposition period:

For trademark applications published in the Industrial Property Bulletin prior to the publication of this notice and where no opposition has been filed against such trademarks, an application for issuance of the Registration Certificate must be submitted, together with all required pending documents (if any), within 6 months (May 31, 2026) from the date of publication of this notice. If such an application is not submitted within the 6-month period, then the trademark application will be cancelled (Abandoned).


(B)  Initial Notice dated 19 th August 2025 on "registered mark" in Nepal and the need to submit "proof of use" (Suspension Notice issued on 24 th September 2025)

Section 18C of the Design and Trade Mark Act, 1965 of Nepal prescribed as follows :

 

Time Limit for use of Trademarks : In case a trademark is registered at the Department is not brought into use within one year from the date of registration thereof, the department shall conduct necessary inquiries and cancel the registration.

 

The submission of use evidence is a preventive action, so that in case a cancellation action is initiated by a third party, the Registry can stop it without the need to start a formal cancellation procedure.


As a matter of caution and to prevent cancellation action initiated on grounds of non-use by a third party, trademark owners are advised to submit proof of use of their marks on the goods as claimed under the registration(s) within a year of registration or at the time of filing a renewal application, till such time the Notice issued by the Department of Industries, DoI Nepal dated 19 August 2025 remains suspended.

Proof of use submission will also act as a deterrent for unauthorised use of registered marks by infringers in Nepal.