Summary
The Government of Nepal has issued mandatory compliance deadlines for trademark applicants following the destruction of physical trademark files during the September 2025 GenZ protest. Applicants with pending applications exceeding seven years must submit required documents by February 28, 2026, while applicants whose marks completed opposition periods must apply for registration certificates by May 31, 2026, failing which applications will be automatically cancelled.
Background and Context
On December 1, 2025, the Department of Industry, Ministry of Industry, Commerce and Supplies, Government of Nepal, issued a critical notice regarding trademark registration procedures following unprecedented civil disturbances. This notice supersedes and clarifies an earlier notification dated August 19, 2025, which had been temporarily suspended by order dated September 24, 2025. The suspension was necessitated by widespread arson, vandalism, and looting that occurred nationwide on September 9, 2025, during the GenZ protest. These incidents resulted in the destruction of numerous physical trademark application files maintained by the Industrial Property Section of the Department of Industry, creating a hostile operational environment and severely disrupting administrative functions.
Impact on Trademark Registry Operations
The civil unrest caused significant damage to the physical infrastructure and documentary records of Nepal's trademark administration system. The destruction of paper files, many of which contained original application materials, supporting documents, and correspondence dating back several years, has necessitated a comprehensive review of pending applications and the establishment of strict compliance timelines to reconstitute the official record. The Department has acknowledged that the hostile conditions created by the September 9 incidents temporarily paralyzed departmental operations, requiring a systematic approach to resume normal trademark registration services while addressing the documentary gaps created by the file destruction.
Mandatory Requirement 1: Applications Pending Due to Incomplete Documents
The Department has established a 90-day compliance window expiring on February 28, 2026 for all trademark applicants whose applications have been pending for more than seven (7) years due to incomplete documentation. This category encompasses applications that were filed with the Nepal Trademarks Registry but remain incomplete because the applicant failed to submit required supporting documents, respond to official objections, or comply with formal requirements during the examination process.
Mandatory Action Required: All affected applicants must file a formal request for resumption of examination, together with all outstanding required documents, within the 90-day period commencing from December 1, 2025. The submission must include all documents that were previously requested by the Registry but not supplied, as well as any additional materials necessary to complete the examination of the application.
Consequence of Non-Compliance: The Department has explicitly warned that failure to submit the required documents by the February 28, 2026 deadline will result in automatic (suo moto) cancellation of all trademark applications that have been pending for a period exceeding seven years. This cancellation action will be taken unilaterally by the Trademarks Registry, without requiring any further notice to the applicant. Once cancelled, such applications will be deemed abandoned and permanently removed from the official records of the Registry. No revival or reinstatement of abandoned applications will be permitted after the deadline.
Policy Going Forward: The Department has announced that this seven-year rule will apply prospectively to all trademark applications. Any application that remains pending for more than seven years due to the applicant's failure to submit required documents will, henceforth, be automatically deemed abandoned and removed from official records. This represents a significant policy shift aimed at clearing the backlog of dormant applications and ensuring that only active applicants with genuine commercial interests maintain their place in the registration queue.
Mandatory Requirement 2: Applications Completing Opposition Period
The Department has established a six-month compliance window expiring on May 31, 2026 for trademark applicants whose marks were published in the Industrial Property Bulletin prior to the issuance of this December 1, 2025 notice, and whose opposition period has expired without any third-party opposition being filed.
Under Nepal's trademark registration system, applications that successfully pass examination are published in the Industrial Property Bulletin, allowing third parties an opportunity to file oppositions against registration. If no opposition is filed within the statutory opposition period, the application becomes eligible for final registration, and the applicant must submit a formal request for issuance of the Registration Certificate, along with payment of prescribed fees and submission of any final documents required by the Registry.
Mandatory Action Required: All applicants whose trademark applications were published in the Industrial Property Bulletin before December 1, 2025, and which have completed the opposition period without facing opposition, must submit a formal application for issuance of the Registration Certificate within six months from December 1, 2025 (i.e., by May 31, 2026). The application must be accompanied by all required documents, including proof of payment of registration fees, power of attorney (if filed through an agent), and any other materials specifically requested by the Registry.
Consequence of Non-Compliance: If the application for issuance of the Registration Certificate is not submitted within the six-month deadline, the underlying trademark applications will be cancelled by the Registry. This cancellation will result in the loss of the application's priority date and all rights associated with the pending application. Applicants who fail to meet this deadline will be required to file entirely new applications if they wish to pursue trademark protection, and such new applications will be subject to the priority dates of any intervening applications or registrations for similar marks.
Legal and Procedural Implications
The December 1, 2025 notice represents an extraordinary administrative measure prompted by exceptional circumstances. The Department's decision to impose strict compliance deadlines reflects the need to reconstitute the official trademark record following the file destruction incident, while also addressing the longstanding problem of dormant applications that occupy the register without progressing toward registration. The automatic cancellation provisions serve multiple policy objectives: (i) clearing backlogs created by inactive applicants; (ii) ensuring that only applicants with genuine commercial interests maintain their applications; (iii) freeing up trademark availability for active commercial users; and (iv) facilitating administrative efficiency by removing files that have been pending without progress for extended periods.
Recommendations for Affected Parties
Trademark applicants and their legal representatives in Nepal should take immediate action to identify applications falling within the two categories specified in the notice. For applications pending due to incomplete documents for more than seven years, applicants should prioritize gathering all outstanding materials and filing comprehensive responses by February 28, 2026. For applications that have completed opposition periods, applicants should verify publication dates and opposition period expiry dates, and ensure that applications for registration certificates are filed well before the May 31, 2026 deadline. Given the strict and automatic nature of the cancellation provisions, compliance with these deadlines is essential to preserve trademark rights and avoid loss of priority dates.
Broader Context: Trademark Administration in Nepal
Nepal's trademark registration system operates under the Patent, Design and Trademark Act, 1965, and is administered by the Department of Industry under the Ministry of Industry, Commerce and Supplies. The system has historically relied on paper-based filing and record-keeping, making it vulnerable to the type of physical file destruction experienced during the September 2025 civil unrest. The Department's response to this crisis—imposing strict compliance deadlines and establishing automatic cancellation mechanisms—reflects both the immediate need to address the documentary gaps created by file destruction and the longer-term policy goal of modernizing trademark administration by eliminating inactive applications and encouraging digitalization of records.
International and Regional Implications
For foreign trademark owners and international businesses with pending applications in Nepal, the December 1, 2025 notice requires urgent attention. Many multinational corporations maintain defensive trademark portfolios in Nepal as part of broader South Asian regional strategies. Failure to comply with the February 28, 2026 and May 31, 2026 deadlines could result in loss of trademark rights in the Nepalese market, creating opportunities for bad-faith applicants to register identical or similar marks. International applicants are advised to coordinate with local Nepalese trademark agents to ensure compliance with the notice requirements and to verify the status of all pending applications in light of the file destruction incident.
Significance
The December 1, 2025 notice by Nepal's Department of Industry represents a watershed moment in the country's trademark administration, prompted by the extraordinary circumstances of the September 2025 civil unrest and file destruction incident. The imposition of strict compliance deadlines—February 28, 2026 for incomplete applications pending over seven years, and May 31, 2026 for applications completing opposition periods—coupled with automatic cancellation provisions, reflects a decisive administrative response aimed at reconstituting official records while simultaneously addressing longstanding backlog issues. The establishment of a prospective seven-year abandonment rule signals a permanent policy shift toward more rigorous application management. This development has significant implications for domestic and international trademark applicants, requiring immediate action to preserve rights and avoid automatic cancellation. The notice also highlights the vulnerabilities of paper-based trademark administration systems and may accelerate Nepal's transition toward digital record-keeping and modernized trademark examination procedures. For the broader South Asian intellectual property landscape, Nepal's response provides a case study in how trademark offices can address extraordinary disruptions while implementing structural reforms to improve administrative efficiency and reduce application backlogs.
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