Once a trademark application gets registered with the Nepal trademark office, it is important for an applicant and trademark application to get it renewed within a certain period of time to keep the application/registration active.
Trademark Renewal
Trademark renewal is an essential step to safeguard the rights of a registered trademark application. It allows the extension of protection of a registered trademark application in accordance with the rules of the respective national office of trademark registry. In case an applicant fails to renew their trademark application in the prescribed time, the rights of a registered trademark shall be invalid.
In other words, trademark renewal means the expansion of the term of trademark protection/registration. This can be done through filing the form and submitting the required documents of use along with the required fee.
Validity of a Trademark and Renewal term
In Nepal, first trademark registration is valid for 07 years from the date of registration with a possibility to renew in every 07 years, six (06) months prior to the expiry date and 35 days after expiry, by paying normal fees. The mark can be further renewed for a term of 7 years after lapse of the 35 days after expiry, within 6 months, by paying late fees. If a trademark is not renewed within this timeframe, it is automatically cancelled.
Term of Trademark Renewal and Restoration
| Country | First Renewal Date | Subsequent renewal | Renewal procedure can start from | Grace Tenure |
| Nepal | Seven (07) years from the date of registration | Seven (07) years from the last date of renewal | Within 35 days of expiry | Within six months after the expiry of the time limit for renewal |
Documentary Requirements to renew a trademark application
- power of attorney
- original registration certificate
- *Proof of use
- Application
*Acceptable proof of use documents is declaration from proprietor or use by licensee.
Restoration
If registrant fails to renew their trademark application even after the grace period of six months after the expiry of the time limit for renewal, re-registration is the only way to restore the registration of trademark.