Can You Trademark a Colour, Sound or Smell? Real Examples

A trademark in Nepal can be a colour, a sound, or even a smell — but only if the mark is capable of distinguishing your goods or services from those of others, and only if you can represent it clearly enough for the Department of Industry (DoI) to examine and publish it in the Industrial Property Bulletin.

Key Takeaways

• Nepal's Patent, Design and Trademark Act 1965 defines a trademark broadly enough to cover colours, sounds and smells — but practical registration barriers are high.
• The DoI registers marks under a first-to-file system; you must prove the mark functions as a source identifier, not just a decorative or functional element.
• Colour marks have the strongest chance if the colour has acquired distinctiveness through long and exclusive use in Nepal.
• Sound marks are theoretically registrable but require a graphical representation (musical notation) that the DoI can publish — a practical challenge.
• Smell marks remain almost impossible to register anywhere, and Nepal is no exception; no known smell mark has been registered at the DoI.
• All trademarks in Nepal are registered for one NICE class per application and protected for 7 years, renewable indefinitely.
• If you are considering a non-traditional mark, a conventional word or logo registration often gives you faster, cheaper and more enforceable protection.

What does the Patent, Design and Trademark Act say about non-traditional marks?

Section 2(c) of the Patent, Design and Trademark Act 1965 defines a trademark as a "word, symbol, or picture or a combination thereof" used to distinguish one undertaking's goods or services from another's. The wording does not explicitly mention colour, sound or smell — but neither does it exclude them. The phrase "symbol" can be interpreted broadly, and in jurisdictions that follow similar statutory language, single colours and sounds have been registered as marks where they serve a source-identifying function. In Nepal, the DoI has not issued formal guidelines on non-traditional marks, which means every application is decided on its individual merits under the general distinctiveness test in Sec. 18.

Can you trademark a single colour in Nepal?

You can register a single colour as a trademark in Nepal, but only if the colour has acquired distinctiveness through extensive and exclusive use — a legal standard known as secondary meaning. A colour that is purely decorative, functional, or commonly used in your industry will be refused. The DoI examiner must be satisfied that, when a Nepali consumer sees that colour on your product or packaging, they immediately think of your business and no one else. Without years of market presence and strong evidence, a colour application is likely to fail.

How do you prove a colour has acquired distinctiveness in Nepal?

Proving acquired distinctiveness for a colour mark requires evidence that the colour alone functions as a badge of origin. You would typically submit sales figures, advertising expenditure, consumer surveys, and media coverage spanning several years in the Nepali market. The DoI does not publish a prescribed evidence threshold, but practice elsewhere suggests you need to show that a significant portion of the relevant public associates the colour with your brand. This is a high evidentiary bar, and for most businesses — especially newer ones — a combined word-and-colour logo registration is a far more practical first step. If your mark includes a distinctive word or device alongside the colour, you can search existing marks using our trademark database before filing.

What about colour combinations — are they easier to register?

Yes. A combination of colours arranged in a specific pattern or applied to a defined part of a product or packaging is more likely to be accepted than a single colour claimed without limitation. The arrangement itself can create a "symbol" within the meaning of Sec. 2(c) of the Act. You must submit a clear graphical representation showing the precise colours (using an internationally recognised colour identification system like Pantone) and the exact placement. A colour combination mark is still examined for distinctiveness, but the examiner will treat the specific arrangement — not the colours in isolation — as the mark, which lowers the risk of an objection based on being descriptive or common to the trade.

Can you trademark a sound in Nepal?

The Act does not forbid sound marks, and Nepal's definition of a trademark as a "symbol" could, in principle, include a sound if it can be represented graphically. In practice, you would need to submit the sound in musical notation on a stave — a precise graphical representation that the DoI can publish in the Industrial Property Bulletin and that third parties can inspect during the 90-day opposition window. An MP3 file or a simple onomatopoeic description like "roar of a lion" will not be accepted, because the Bulletin is a printed format and the register must give clear notice of what is protected. No publicly known sound mark has been registered at the DoI to date, so any application would be breaking new ground.

What sounds have the best chance of registration in Nepal?

Short, distinctive, non-functional sounds that have been used consistently as brand identifiers stand the strongest chance — if they can be notated. Think of a unique three-note jingle that plays every time a Nepali mobile app opens, or a specific audio logo broadcast at the start of every episode of a well-known podcast. The sound must not be the natural sound of the product itself (a motorbike engine note, for instance, is functional and would be refused) or a commonplace alert. If you are considering a sound mark, our team can help you assess whether it meets the distinctiveness threshold — reach out for a consultation.

Can you trademark a smell in Nepal?

Registering a smell as a trademark in Nepal is, for all practical purposes, not possible. No international consensus exists on how to represent a scent graphically in a way that is clear, precise, stable and objective — and without a graphical representation, the DoI cannot examine, publish or maintain the mark on the register. Chemical formulae describe the substance that produces a smell, not the smell as perceived, and written descriptions are too subjective. Even in jurisdictions that have accepted smell marks in the past, the bar is extraordinarily high. For any business seeking enforceable IP protection in Nepal, a conventional trademark covering the brand name, logo or packaging is the reliable path.

How the DoI examines non-traditional marks

Every trademark application in Nepal goes through a DoI examination for distinctiveness and conflict with prior marks. For a non-traditional mark, the examiner will ask three questions: is the mark capable of being represented graphically? Does it distinguish the applicant's goods or services from those of others? And does it fall within any of the absolute refusal grounds in Sec. 18 — such as hurting public morality or damaging another's goodwill? If the mark is a colour common to the industry or a sound that is functional, the application will be refused. Because there is no body of published DoI decisions on non-traditional marks, outcomes are uncertain and the process can take longer than the typical 12–14 months.

Why most businesses choose a conventional mark instead

A word, logo or combined word-and-device mark gives you a registration that is faster to obtain, simpler to enforce, and easier to renew. A non-traditional mark, by contrast, can spend months in examination only to receive an objection that is difficult to overcome without years of market evidence. If you do eventually want to protect a colour or sound, the strongest strategy is to first build brand recognition through a registered word or logo mark — then, once the colour or sound has acquired distinctiveness in the Nepali market, file a second application for the non-traditional element. This two-step approach is practical, and it means you have enforceable rights from day one.

A realistic Nepal example: colour as a brand signature

Imagine a Kathmandu-based delivery company that paints every vehicle, uniform and parcel box in a specific shade of teal — Pantone 320 C. Over five years, the teal colour becomes synonymous with their service, and customers in Pokhara and Biratnagar recognise a teal van before they read the company name. At that point, the business could apply to register the teal colour as a trademark for "transport and delivery services" in NICE Class 39, supported by evidence of continuous use, advertising spend and customer recognition. The application would still face scrutiny, but the evidentiary foundation makes it arguable. A younger business without that track record should start by registering its brand name and logo, then revisit the colour mark later.

Documents you need for a non-traditional mark application

The document checklist for a non-traditional mark is the same as for any trademark filing at the DoI — an application form, a notarised Power of Attorney, a board resolution (for companies), and specimens of the mark — plus one critical addition: the graphical representation. For a colour mark, include Pantone references and a description of where and how the colour appears. For a sound mark, include the musical notation. If you claim acquired distinctiveness, you will also need an evidence bundle: sales data, market-share reports, advertising samples, and survey results from Nepal. Missing or weak evidence is the most common reason these applications stall. For a full document checklist by applicant type, see our guide on documents required for trademark registration in Nepal.

What drives the cost of a non-traditional trademark application?

Registering a colour, sound or smell mark generally costs more than a standard word or logo filing because the professional work is heavier. The legal team must craft a graphical representation that satisfies DoI publication requirements, prepare a distinctiveness brief with supporting evidence, and handle likely examiner queries or objections. If an opposition is filed during the 90-day window, the cost increases further. As with all Nepali trademarks, government fees apply per class — one application covers one NICE class — and professional fees vary with complexity. You can estimate the government component for any mark using our trademark fee calculator. For a tailored estimate that reflects the extra work a non-traditional mark entails, contact our team.

Common mistakes when applying for non-traditional marks

A mistake we see often is filing a colour mark for a shade that is already common in the industry — like green for agricultural products or blue for water-purification services — without any evidence of acquired distinctiveness. The DoI will refuse it, and the filing fees are not refundable. Another error is submitting a sound mark as an audio file instead of musical notation, which the Bulletin cannot publish. Some applicants also assume that Nepal follows the same rules as the EU or the US; it does not. Nepal is not a member of the Madrid System, and WIPO's standards for non-traditional marks do not bind the DoI. Always check what is registrable under the Patent, Design and Trademark Act 1965, as applied in local practice. If you need help identifying the right NICE class for your mark — conventional or otherwise — try our NICE class finder.

Enforcing a non-traditional mark in Nepal

Even if you succeed in registering a colour or sound mark, enforcement presents its own challenges. Proving infringement requires showing that the defendant's use of a similar colour or sound is likely to confuse the relevant Nepali consumer as to the source of the goods or services. For a colour, you will need to demonstrate that the shade is close enough to your registered mark, used on the same or similar goods, and that consumers actually associate it with your brand. The DoI's Law Division handles infringement complaints and can issue rulings, but the case law on non-traditional marks is non-existent. A conventional word or logo registration gives you a clearer, more enforceable right. For help with opposition or enforcement, see our opposition and enforcement services.

In short

Colour marks are registrable in Nepal if you can prove they distinguish your business, sound marks face a representation barrier that makes them theoretical at best, and smell marks remain effectively impossible. For the vast majority of businesses, the smartest first move is to register a word or logo mark and build brand recognition around it. If a colour or sound later becomes a genuine identifier of your brand, you can file a second application when you have the evidence to back it up. All trademarks in Nepal are registered per class, valid for seven years, and renewable indefinitely — so a conventional mark is an asset that grows with your business.

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If you are considering a colour or sound mark — or simply want to know whether your brand is better protected with a conventional registration — run a trademark search to check for conflicts, then speak with our team. We can help you assess the distinctiveness of your mark, prepare the application, and guide you through the DoI process. Not legal advice; for specific legal guidance tailored to your situation, please consult a qualified IP attorney.