Background and Context
The notice supersedes and clarifies an earlier notification dated 19 August 2025, which had been temporarily suspended by order dated 24 September 2025. The suspension was necessitated by widespread arson, vandalism, and looting that occurred nationwide on 9 September 2025 during the "GenZ protest." These incidents destroyed numerous physical trademark application files maintained by the Industrial Property Section of the Department of Industry, severely disrupting administrative functions and creating a hostile operating environment.
Impact on Registry Operations
The destruction of paper files — many containing original application materials, supporting documents, and correspondence dating back years — necessitated a comprehensive review of pending applications and the establishment of strict compliance timelines to reconstitute the official record.
Mandatory Requirement 1: Applications Pending Due to Incomplete Documents
A 90-day compliance window, expiring 28 February 2026, applies to all applicants whose applications have been pending more than seven years due to incomplete documentation — where the applicant failed to submit required documents, respond to objections, or comply with formal requirements during examination.
Required action: file a formal request for resumption of examination, together with all outstanding required documents, within the 90-day period from 1 December 2025.
Consequence of non-compliance: automatic (suo moto) cancellation of all applications pending over seven years, without further notice — deemed abandoned and permanently removed from the register, with no revival permitted after the deadline.
Policy going forward: this seven-year rule now applies prospectively to all trademark applications, a significant policy shift aimed at clearing the backlog of dormant applications.
Mandatory Requirement 2: Applications That Have Completed Opposition
A six-month compliance window, expiring 31 May 2026, applies to applicants whose marks were published in the Industrial Property Bulletin before 1 December 2025 and whose opposition period expired without any opposition filed.
Required action: submit a formal application for issuance of the Registration Certificate within six months of 1 December 2025, accompanied by proof of fee payment, power of attorney (if filed through an agent), and any other Registry-requested materials.
Consequence of non-compliance: cancellation of the underlying application, with loss of priority date and all associated rights — affected applicants would need to file entirely new applications, subject to the priority of any intervening filings.
Legal and Procedural Implications
This is an extraordinary administrative measure serving multiple objectives: reconstituting the official record after file destruction, clearing backlogs from inactive applicants, ensuring only genuine commercial interests occupy the register, and improving administrative efficiency.
Recommendations for Affected Parties
Applicants and their representatives should immediately identify applications falling within either category. For applications pending over seven years on incomplete documentation, prioritise gathering outstanding materials and file comprehensive responses well before 28 February 2026. For applications that have cleared opposition, verify publication and opposition-expiry dates and file registration certificate applications well ahead of 31 May 2026, given the strict, automatic nature of the cancellation provisions.
Broader Context
Nepal's trademark system operates under the Patent, Design and Trademark Act, 1965, administered by the Department of Industry, and has historically relied on paper-based filing — a vulnerability starkly exposed by the September 2025 unrest. The Department's response reflects both an immediate need to address documentary gaps and a longer-term policy goal of modernising administration and encouraging digitalisation.
International and Regional Implications
Foreign trademark owners and multinational corporations maintaining defensive portfolios in Nepal as part of broader South Asian strategies need to act urgently. Failure to meet either deadline could open the door to bad-faith registration of identical or similar marks by third parties. International applicants should coordinate closely with local Nepalese counsel to verify the status of all pending applications in light of the file-destruction incident.