Can I Trademark a Colour in Nepal?

Yes, you can trademark a colour in Nepal—but only if the Department of Industry (DoI) accepts it as a distinctive brand identifier under the Patent, Design and Trademark Act 1965. The process takes 12–14 months, requires proof of acquired distinctiveness, and follows the same first-to-file rules as any other mark.

Key Takeaways

• Nepal allows colour trademarks only if the colour alone serves as a brand identifier (Sec. 2(c), PDTA).
• The Department of Industry examines distinctiveness—generic or functional colours are refused.
• You must file in the relevant NICE class (e.g., Class 2 for paints, Class 35 for retail services).
• Evidence like consumer surveys or long-term use helps prove the colour is uniquely linked to your brand.
• Colour marks face higher scrutiny than word or logo marks during the 90-day opposition window.
• Registration lasts 7 years and is renewable indefinitely.
• Foreign applicants must file through a Nepal-based agent with a Power of Attorney.

What counts as a colour trademark in Nepal?

The Department of Industry registers a colour as a trademark only if it functions as a unique brand identifier, not just a decorative or functional element (Sec. 2(c), Patent, Design and Trademark Act 1965). In practice, this means the colour must be tied to specific goods or services and recognised by consumers as belonging to your brand.

A colour trademark in Nepal is not the same as a design or patent. It protects the commercial use of a colour in connection with your products or services, not the colour itself. For example, a specific shade of green used exclusively on packaging for a tea brand could qualify, but the same green used on any product would not.

The DoI follows the NICE Classification system, so you must file in the class that matches your goods or services. A single application covers only one class—if your brand uses the colour across multiple classes, you need separate applications for each.

Which NICE classes apply to colour trademarks?

Colour trademarks in Nepal are filed under the same NICE classes as any other mark, but the choice depends on how the colour is used. The Department of Industry examines whether the colour serves as a brand identifier within that class, not just as a product feature.

Common classes for colour marks include:

• Class 2 (Paints, varnishes, lacquers) – for colours used on product surfaces or packaging.
• Class 16 (Paper, cardboard, printed matter) – for colours used in stationery, labels, or promotional materials.
• Class 25 (Clothing, footwear, headgear) – for colours used on apparel or accessories.
• Class 35 (Advertising, business management) – for colours used in retail or promotional services.
• Class 36 (Insurance, financial services) – for colours used in branding for financial institutions.

You can use the NICE Class Finder tool to identify the right class for your colour mark. If your brand spans multiple classes, you’ll need a separate application for each.

How does the Department of Industry examine a colour trademark?

The Department of Industry examines a colour trademark application for two key criteria: distinctiveness and non-functionality. The examiner checks whether the colour alone serves as a brand identifier and isn’t just a generic or functional element of the product (Sec. 18(1), PDTA).

Distinctiveness is the biggest hurdle. The DoI rarely accepts a colour as inherently distinctive—most applicants must prove acquired distinctiveness through evidence like:

• Consumer surveys showing the colour is linked to your brand.
• Sales figures or advertising spend demonstrating long-term use.
• Media coverage or industry recognition of the colour as your brand identifier.

Functionality is another common refusal ground. If the colour serves a practical purpose—like green for eco-friendly products or red for danger—the DoI may reject the application. For example, a bright orange used on safety vests would likely be refused because the colour itself serves a functional role.

If the examiner raises objections, you’ll receive a notice and have a chance to respond. You can amend the application, submit additional evidence, or argue why the colour meets the distinctiveness standard. If the DoI remains unconvinced, the application is refused.

What documents do you need to file a colour trademark?

To file a colour trademark in Nepal, you must submit a complete application package to the Department of Industry. The documents required are similar to any other trademark application, but with extra emphasis on proving the colour’s distinctiveness and use.

Here’s what you’ll need:

1. Application form (Schedule 1(c)) – filled out with details of the colour mark, including the Pantone or CMYK code and a description of how it’s used.
2. Four specimens of the mark – physical samples or high-resolution images showing the colour as it appears on your products, packaging, or marketing materials.
3. Power of Attorney (PoA) – notarised, signed by the applicant, and attested by two witnesses. Foreign applicants must file through a Nepal-based agent, who submits the PoA on their behalf.
4. Board resolution – if the applicant is a company, a resolution authorising the trademark filing.
5. Evidence of distinctiveness – consumer surveys, sales data, advertising materials, or media coverage showing the colour is recognised as your brand identifier.
6. Certificate of industry registration – if the applicant is a registered business in Nepal.
7. Latest tax clearance letter – for Nepali applicants.
8. Priority claim documents – if claiming priority under the Paris Convention, a certified copy of the home application or registration in English.

For foreign applicants, the DoI also requires a certified copy of the home registration certificate in English. All documents must be submitted in Nepali or with a notarised translation.

How long does it take to register a colour trademark in Nepal?

Registering a colour trademark in Nepal typically takes 12–14 months from filing to registration certificate, assuming no major objections or oppositions. The Department of Industry’s examination phase is the most variable part of the timeline—some applications clear quickly, while others face multiple rounds of objections.

Here’s a breakdown of the timeline:

In the smoothest cases—where the application is complete, the colour is clearly distinctive, and no oppositions are filed—the process can take as little as 6–8 months. However, colour marks often face more scrutiny than word or logo marks, so delays are common.

What evidence proves a colour is distinctive enough for trademark protection?

The Department of Industry requires strong evidence to accept a colour as a trademark in Nepal. Since colours are rarely inherently distinctive, you must show that consumers recognise the colour as uniquely linked to your brand. The more concrete and widespread the evidence, the better your chances of approval.

Here’s what works:

• Consumer surveys – independent surveys showing a significant percentage of consumers associate the colour with your brand. For example, a survey where 60% of respondents identify a specific shade of purple with your chocolate brand.
• Sales and advertising data – records of long-term use, high sales volumes, or substantial advertising spend featuring the colour. A decade of consistent use in packaging or ads strengthens your case.
• Media coverage – articles, social media posts, or industry awards that reference the colour as part of your brand identity. For instance, a news feature calling your brand "the one with the iconic blue packaging."
• Packaging or product samples – physical examples showing the colour’s consistent use over time. The DoI may compare these to competitors’ products to assess distinctiveness.
• Industry recognition – testimonials from retailers, distributors, or industry experts confirming the colour’s association with your brand.

A common mistake is relying on internal documents or self-serving statements. The DoI gives more weight to third-party evidence, like surveys conducted by independent firms or media coverage from reputable sources. If your evidence is weak, the examiner may refuse the application or request additional proof.

Can you trademark a colour combination or gradient in Nepal?

Yes, you can trademark a colour combination or gradient in Nepal, but the same distinctiveness rules apply. The Department of Industry treats combinations and gradients like single colours—they must serve as unique brand identifiers and not just decorative or functional elements.

Colour combinations (e.g., red and yellow stripes) are often easier to register than single colours because they’re more likely to be distinctive. For example, a specific pattern of blue and white used on packaging for a dairy brand could qualify if consumers recognise it as belonging to that brand.

Gradients (e.g., a fade from dark blue to light blue) are trickier. The DoI examines whether the gradient is consistent and recognisable as part of your brand. If the gradient varies too much across products or marketing materials, the examiner may refuse it for lack of distinctiveness.

For both combinations and gradients, you’ll need to:

• Provide a clear description of the colours and their arrangement (e.g., "horizontal stripes of Pantone 185 C and Pantone 123 C").
• Submit specimens showing the combination or gradient in use.
• Include evidence of distinctiveness, just like for a single colour.

If your combination or gradient is too similar to an existing mark, the DoI may refuse it on conflict grounds. Use the Trademark Conflict Checker to search for potential conflicts before filing.

What are the risks of not registering a colour as a trademark in Nepal?

If you don’t register your brand’s colour as a trademark in Nepal, you risk losing control over how it’s used in the market. Without registration, you have no legal right to stop competitors from using the same or similar colours on their products or packaging, even if consumers confuse them with your brand.

The biggest risk is passing off. Under Nepali law, a competitor could use your signature colour to mislead customers into thinking their products are yours. For example, if your brand is known for its distinctive teal packaging, a rival could adopt the same colour to ride on your reputation. Without a registered trademark, proving passing off in court is difficult and expensive—you’d need to show that the colour is uniquely linked to your brand and that the competitor’s use is causing confusion. Registration gives you a clear legal right to take action. Another risk is dilution. If multiple brands use the same colour in your industry, the colour loses its power as a brand identifier. Over time, consumers may no longer associate the colour with your brand, weakening your marketing efforts. For instance, if several banks in Nepal use the same shade of blue, none of them can claim exclusive rights to it. Registration prevents this by giving you the sole right to use the colour in connection with your goods or services. You also miss out on enforcement tools. The Department of Industry and Nepal’s courts prioritise registered trademarks when handling disputes. If a competitor copies your colour, a registration certificate makes it easier to file complaints, request injunctions, or claim damages. Without it, you’re limited to general unfair competition laws, which are harder to enforce. Finally, unregistered colours can’t be renewed or transferred as assets. A registered trademark is a business asset that can be licensed, sold, or used as collateral. If you don’t register your colour, you can’t monetise it or include it in your brand’s valuation. For example, a beverage company that registers its signature red can license it to partners for merchandising, creating an additional revenue stream.

How does Nepal’s first-to-file system affect colour trademarks?

Nepal’s first-to-file system means the first valid application for a colour trademark secures the rights, regardless of who used the colour first. This creates urgency for brands that rely on distinctive colours—if you don’t file early, a competitor could register the same colour and block you from using it in the market.

For example, imagine your brand has used a specific shade of purple for packaging for years, but you never registered it. A competitor files an application for the same colour in Class 30 (coffee, tea, cocoa). Under Nepal’s first-to-file rule, the DoI would grant the registration to the competitor, not you. You’d then have to either stop using the colour or challenge the registration through opposition or cancellation proceedings, which are time-consuming and costly.

The first-to-file rule also affects foreign brands expanding into Nepal. If your brand’s colour is registered in other countries but not in Nepal, a local company could file for it here and gain exclusive rights. To avoid this, foreign applicants should file in Nepal as soon as possible, ideally before entering the market. You can claim priority under the Paris Convention if you file within six months of your home application, but this doesn’t guarantee approval—it only secures your filing date.

To protect your colour trademark under Nepal’s first-to-file system:

• File as early as possible, even before launching in Nepal.
• Monitor the Industrial Property Bulletin for conflicting applications during the 90-day opposition window.
• Use the Trademark Watch service to track new filings in your industry.
• If you discover a conflicting application, file an opposition with the DoI’s Law Division.

A realistic Nepal example: Registering a colour for a beverage brand

Let’s say Himalayan Herbal Teas, a Nepali tea company, wants to register its signature deep green colour as a trademark. The colour appears on all its packaging, from tea boxes to promotional materials, and customers recognise it as the brand’s identifier. Here’s how the process would work:

1. Choose the right NICE class: Himalayan Herbal Teas files in Class 30 (tea, coffee, cocoa) because the colour is used on its tea products. If the brand also uses the colour in retail stores, it would need a separate application in Class 35 (retail services).
2. Conduct a conflict search: Before filing, the company uses the Trademark Conflict Checker to ensure no other tea brands in Nepal have registered the same or a similar green. It also checks the Industrial Property Bulletin for pending applications.
3. Prepare the application: The company submits:
   • An application form describing the colour using the Pantone code (e.g., "Pantone 3425 C").
   • Four specimens showing the colour on tea boxes, labels, and promotional materials.
   • A Power of Attorney, board resolution, and tax clearance letter.
   • Evidence of distinctiveness, including consumer surveys showing 70% of respondents associate the green with Himalayan Herbal Teas, sales records from the past five years, and media coverage featuring the brand’s packaging.
4. DoI examination: The Department of Industry examines the application for distinctiveness and functionality. The examiner notes that green is commonly used in the tea industry but accepts the evidence of acquired distinctiveness. No conflicts are found, so the application moves to publication.
5. Publication and opposition: The mark is published in the Industrial Property Bulletin. A competitor, Everest Tea Co., files an opposition, arguing that the green is too similar to its own packaging. The DoI holds a hearing, where Himalayan Herbal Teas presents its evidence. The DoI rules in the company’s favour, finding that the green is sufficiently distinctive and not likely to cause confusion.
6. Registration: After the 90-day opposition window closes, Himalayan Herbal Teas pays the registration fee and receives its certificate. The trademark is valid for seven years and renewable indefinitely.

This example shows how a well-prepared application with strong evidence can overcome the challenges of registering a colour trademark in Nepal. The key is proving the colour’s distinctiveness and monitoring the process for potential oppositions.

What are the alternatives if your colour trademark is refused?

If the Department of Industry refuses your colour trademark application, you have several options to protect your brand’s visual identity in Nepal. The right choice depends on why the application was refused and how you use the colour in your business.

Here are the most common alternatives:

If your application was refused for functionality (e.g., the colour serves a practical purpose), you may need to rethink your branding strategy. For example, if the DoI refused your application for a safety-orange colour on construction equipment, you could redesign your branding to include a distinctive logo or word mark alongside the colour.

For refusals based on conflicts with existing marks, you can:

• Negotiate with the owner of the conflicting mark for a coexistence agreement.
• Amend your application to exclude the goods or services where the conflict exists.
• Challenge the existing registration through cancellation proceedings if it’s not in use.

If you’re unsure which alternative is best for your situation, consult a trademark agent or use the IP Sewa advisory service for guidance.

Common mistakes to avoid when trademarking a colour in Nepal

Registering a colour trademark in Nepal is more complex than registering a word or logo mark. Many applicants make avoidable mistakes that lead to refusals or delays. Here are the most common pitfalls and how to steer clear of them:

1. Assuming the colour is inherently distinctive

   Most colours aren’t inherently distinctive—they only become so through long-term use and consumer recognition. Don’t file an application without evidence like surveys, sales data, or media coverage. For example, a startup filing for a bright pink trademark in Class 25 (clothing) without any market presence will almost certainly be refused.

2. Choosing a functional colour

   The Department of Industry refuses colours that serve a practical purpose. For instance, green for eco-friendly products or red for danger signs are likely to be rejected. If your colour has a functional role, consider registering a logo or word mark instead.

3. Filing in the wrong NICE class

   A colour trademark only protects the goods or services in the class you file under. If your brand uses the colour across multiple classes (e.g., Class 30 for tea and Class 35 for retail), you need separate applications. Use the NICE Class Finder to pick the right classes.

4. Submitting weak or incomplete evidence

   The DoI gives more weight to third-party evidence than internal documents. Avoid relying on self-serving statements or low-quality surveys. Instead, use independent consumer surveys, sales records, and media coverage to prove distinctiveness.

5. Ignoring the opposition window

   After publication in the Industrial Property Bulletin, third parties have 90 days to oppose your application. Many applicants miss this window and face last-minute challenges. Monitor the Bulletin or use the Trademark Watch service to stay informed.

6. Not responding to examiner objections

   If the DoI raises objections, you have a chance to respond. Ignoring them leads to automatic refusal. Work with a trademark agent to address objections with additional evidence or legal arguments.

7. Filing without a conflict search

   Before filing, search the DoI’s database and the Industrial Property Bulletin for conflicting marks. A conflict can lead to refusal or opposition. Use the Trademark Conflict Checker to identify potential issues.

8. Using inconsistent colour codes

   Your application must specify the exact colour using a recognised system like Pantone or CMYK. If your specimens show variations (e.g., different shades of blue), the DoI may refuse the application for lack of clarity. Ensure all materials use the same colour code.

Avoiding these mistakes increases your chances of a smooth registration process. If you’re unsure about any step, consult a trademark agent or use IP Sewa’s filing service for expert guidance.

In short

• You can trademark a colour in Nepal if it serves as a distinctive brand identifier, not just a decorative or functional element.
• The Department of Industry examines applications for distinctiveness and functionality, often requiring evidence like consumer surveys or sales data.
• Colour trademarks are filed under the NICE Classification system—one application per class.
• The process takes 12–14 months, with a 90-day opposition window after publication in the Industrial Property Bulletin.
• Foreign applicants must file through a Nepal-based agent and may claim priority under the Paris Convention.
• Unregistered colours risk passing off, dilution, and limited enforcement options.
• Alternatives to colour trademarks include logo marks, copyright, industrial designs, and passing-off claims.

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Ready to protect your brand’s colour? Start with a trademark search or contact IP Sewa for expert help with your application.