Can You Own a Colour? Brand Colours and the Law

You can own a colour as a trademark in Nepal, but only after the public has learned to see that colour and instantly think of your brand — a high legal bar called "acquired distinctiveness." The Department of Industry (DoI) registers colour marks under the Patent, Design and Trade Mark Act 1965, treating them as non-traditional trademarks that demand strong evidence of exclusive brand association.

Key Takeaways

• Single-colour trademarks are registrable in Nepal only with compelling proof that the colour identifies your brand alone — known as acquired distinctiveness.
• Colour-combination marks (two or more colours arranged in a pattern) face a lower evidentiary hurdle than a single shade standing alone.
• The DoI examines colour marks like any other trademark — they must not damage another's goodwill or hurt public morality.
• You must specify the exact Pantone, RAL or CMYK colour reference in the application; vague descriptions like "blue" will be rejected.
• Colour marks in Nepal file under the same NICE classes as the goods or services they represent — the colour itself gets no separate class.
• Without registration, a brand colour enjoys no statutory protection in Nepal under the first-to-file system — passing-off claims are your only fallback.
• Foreign colour-mark registrations carry weight as supporting evidence but do not guarantee acceptance by the DoI.

What is a colour trademark?

A colour trademark is a single shade or a defined combination of colours that, through sustained use, has come to identify the source of a product or service rather than merely decorate it. Under Nepal's Patent, Design and Trade Mark Act 1965 (PDTA), a trademark is defined broadly as a "word, symbol, or picture or a combination thereof" — and while colour is not listed explicitly, the DoI accepts colour marks when the applicant proves the public treats that colour as a badge of origin.

Why would a business want to own a colour?

Owning a registered colour stops competitors from using a shade so similar that consumers are confused about who makes the product. A registered colour mark gives you the exclusive right under Sec. 16 of the PDTA to prevent others from adopting that colour for identical or similar goods — a right far stronger than any passing-off claim. It also becomes a renewable asset with a 7-year term, just like a word or logo mark, protecting the visual equity you have spent years building.

Which NICE classes apply to a colour mark?

A colour mark does not get its own NICE class. You file it under the class or classes that cover the goods or services where the colour appears. A telecom brand that uses a signature magenta on SIM-card packaging files in Class 9 (SIM cards) and Class 38 (telecom services). A café chain using a distinctive terracotta on cups and signage files under Class 43 (restaurant services) and possibly Class 21 (drinkware) if it sells branded mugs. Nepal's one-application-per-class rule means a colour used across three classes requires three separate applications.

How do you register a colour trademark in Nepal?

The registration path for a colour mark follows the standard trademark procedure but demands extra care at the examination stage. The DoI will scrutinise whether the colour genuinely functions as a trademark or is merely ornamental. Here is the process, step by step.

1. Conduct a trademark search. Before committing to a colour, search the DoI database for conflicting colour or figurative marks in your class. Our trademark search tool helps you spot registered marks that may block your application.
2. Define the colour precisely. Choose an internationally recognised colour code — Pantone, RAL or CMYK. A vague label like "royal blue" is not enough; you must pin the shade to an objective standard.
3. Prepare your evidence of acquired distinctiveness. Gather sales data, advertising spend, consumer surveys, media coverage and the number of years the colour has been in continuous use. This is the single most important part of a colour-mark application.
4. File the application with the DoI. Submit the prescribed form along with four specimens showing the colour as it appears in use, the colour code, and your distinctiveness evidence. Pay the government application fee.
5. Examination and possible objection. The DoI examiner checks for conflicts and assesses whether the colour is inherently distinctive or has acquired distinctiveness. You may need to argue against an objection — our team can help you prepare a response through a consultation.
6. Publication in the Industrial Property Bulletin. If the examiner is satisfied, the mark is published. Third parties have a 90-day window to oppose it.
7. Registration and certificate. If no opposition succeeds, you pay the registration fee and receive your certificate. The colour mark is now protected for seven years, renewable indefinitely.

What does the law actually say?

The PDTA does not mention "colour" in Sec. 2(c)'s trademark definition, yet the DoI accepts colour applications under the same registrability test in Sec. 18: the mark must not hurt anyone's prestige, damage public morality, injure another's goodwill, or duplicate an already-registered mark. The Trademark Directives 2072 BS (2015) give the DoI practice-level authority to examine non-traditional marks, including colours, and to demand evidence proving the mark works as a source identifier in the Nepali market. There is no separate statute for colour marks — the same 7-year term and renewal rules under Sec. 18D and Sec. 23B apply fully.

How long does it take, and what drives the cost?

Colour-mark applications take roughly the same 12–14 months as a standard trademark when unopposed — about 6–8 months in the smoothest cases. Cost depends on two layers. The government fees follow the per-class structure the DoI publishes: an application fee and a registration fee, each paid once per class. Professional fees reflect the extra work colour marks demand — preparing the distinctiveness dossier, commissioning a consumer survey if needed, and arguing against an examiner's objection. Because colour marks face a higher refusal rate, you should budget for a more evidence-heavy filing. Use our trademark fee calculator to estimate the per-class government cost, then speak with our team for a complete figure.

What evidence proves a colour belongs to your brand?

The DoI wants to see that the average Nepali consumer, on seeing your colour used on a product or packaging, immediately thinks of you. The strongest evidence package includes at least five years of exclusive use in Nepal, consumer-survey results showing recognition rates above 50%, annual advertising expenditure figures, social-media and press coverage where the colour is highlighted, and any foreign colour-mark registration certificates — which carry persuasive weight though they do not bind the DoI. A common mistake we see is filing with only a sales-invoice stack and no survey data. Invoices show you sold products; they do not show the buyer associated the colour with your brand.

A realistic Nepal example — the magenta logistics brand

Picture a Kathmandu-based logistics company that has painted every delivery truck, uniform and packaging envelope in a specific shade of magenta (Pantone 2192 C) for eight years. Customers across the Valley recognise the colour on the road before they see the logo. The company runs a consumer survey showing 72% of logistics users associate magenta with that single provider. It files a colour-mark application in Class 39 (transport and delivery services), submitting the Pantone code, the survey, five years of ad-spend records, and photographs of the colour in use. The DoI examiner initially objects that magenta is common in branding, but the evidence package overcomes the objection. The mark is published, no opposition is filed, and the company secures a registration certificate — becoming one of the few Nepali businesses to own a single-colour trademark.

Colour combinations — the easier path

A defined arrangement of two or more colours is easier to register than a single shade. The DoI treats a colour combination more like a figurative mark — the distinctiveness lies in the arrangement, not the colours themselves. A Nepali honey brand that uses alternating bands of gold and deep brown on every jar label, always in the same sequence and proportion, is not trying to own gold or brown. It is protecting the specific two-colour strip that consumers recognise. The evidence threshold is lower because the combination is inherently more distinctive than a lone colour. If you are struggling to build a single-colour case, consider whether a colour-combination filing better fits your real-world use.

Common mistakes that sink colour-mark applications

• Filing without a precise colour code. Describing your colour as "light green" leaves the examiner guessing. Always supply a Pantone, RAL or CMYK reference — and use it consistently across all specimens.
• Treating the colour as an afterthought. A colour mark is not a fallback when the logo is unregistrable. You must prove the colour alone does the identifying work, not the word or symbol next to it.
• Skipping the consumer survey. This is the single piece of evidence the DoI values most. We have seen otherwise strong cases fail because the applicant submitted everything except survey data.
• Claiming a functional colour. A colour that gives a technical result — like yellow for high-visibility safety gear — cannot be monopolised. The DoI will reject it as descriptive or functional.
• Ignoring the per-class rule. A colour used on packaging (Class 16) and on a retail storefront (Class 35) needs two applications. Filing one and hoping it covers both does not work in Nepal.
• Assuming foreign registration is enough. A colour mark registered in India or the EU carries persuasive weight but the DoI examines every application against Nepali market reality. Local evidence still matters.

Can you protect a brand colour without registration?

Without a registration certificate, your only legal tool in Nepal is a passing-off action under common-law principles. You must prove three things in court: that the colour has built goodwill in the Nepali market, that a competitor misrepresented its goods by using a confusingly similar colour, and that you suffered actual damage. Passing-off cases for colour alone are rare and hard to win because the court must be convinced the colour — not the name, logo or packaging as a whole — carries the goodwill. Registration under the PDTA gives you a statutory right that is far easier to enforce. If the colour is central to your brand identity, waiting to rely on passing-off is a gamble most businesses should not take.

Is Nepal part of any international colour-mark system?

No. Nepal is not a member of the Madrid System, so you cannot designate Nepal in an international colour-mark registration filed through WIPO. Foreign applicants must file directly with the DoI through a Nepal-based agent or representative, submitting the same evidence of acquired distinctiveness that a domestic applicant would. The Paris Convention priority right does apply — if you filed a colour mark in a convention country within the last six months, you can claim that priority date in your Nepal application under Sec. 21B of the PDTA. This gives you a critical head start, but it does not exempt you from the distinctiveness requirement.

In short, owning a colour in Nepal is possible but not easy. The law asks you to prove the public already sees that colour as yours — and the DoI will test that claim carefully. If your brand has invested years in a signature shade and the evidence is strong, a colour-mark registration is one of the most valuable IP assets you can hold. If the evidence is thin, start building it now, and in the meantime protect your brand through conventional word and logo marks — which our trademark registration service can guide you through. Ready to check whether your brand colour faces any conflicts? Run a trademark search or reach us through our contact page — our team will help you map the best filing strategy for your specific situation.

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