Can Sounds and Smells Be Registered as Trademarks? Laos Practice: Non-Visual Marks Basically Have No Chance

声音、气味能注册成商标吗？老挝实务：非视觉标志基本没戏

ສຽງ, ກິ່ນ ສາມາດຂຶ້ນທະບຽນເປັນເຄື່ອງໝາຍການຄ້າໄດ້ບໍ? ພາກປະຕິບັດຕົວຈິງຢູ່ລາວ: ເຄື່ອງໝາຍທີ່ບໍ່ແມ່ນສາຍຕາບໍ່ມີທາງ

Published: 2026-07-09 · LaoPaniti legal guides

You opened a milk tea shop in Laos and developed a unique mango lemongrass flavor that customers immediately associate with your store. You want to register this smell as a Trademark to prevent others from copying it. But in Laos, this is highly unlikely to succeed.

The Law Only Recognizes "Visible" Marks

According to the Intellectual Property Law, marks eligible for Trademark Registration are explicitly listed as words, personal names, letters, numbers, figures, shapes, three-dimensional shapes, motion images, product packaging, and combinations of colors. All of these are marks that can be perceived visually. Non-visual marks such as sounds, smells, and tastes are not included in the list. In practice, the Lao Trademark registration authority almost never accepts such applications.

Why Are Non-Visual Marks Difficult to Register?

The core function of a Trademark is to distinguish the source of Goods or Services, which requires that the mark be clearly and accurately described and identified. Words and figures can be drawn on paper or stored in a system, but how can a smell be fixed? Using a chemical formula to describe it? How can Consumers compare it from memory? The Law does not provide operational standards, and examiners cannot determine whether two smells are similar. Therefore, even if you submit a smell sample, it is likely to be rejected for "lack of distinctiveness" or "not being a registrable mark."

More Practical Brand Protection Strategies

Since sounds and smells cannot be registered, it is advisable to secure registrable "visible marks" as early as possible. For example:

Word Marks: Brand names, slogans
Figure Marks: Logos, mascots
Packaging Marks: Product container shapes, outer packaging design
Color Combinations: Brand-specific color schemes

As long as these marks have distinctiveness and do not violate prohibitive Terms, they can be applied for Registration. After Registration, you have the right to prohibit others from using identical or similar marks on identical or similar Goods or Services.

If you are unsure whether your mark falls within registrable types or are concerned about conflicts with existing Trademarks, it is recommended to conduct a Trademark search first. LaoPaniti provides a free online search tool at https://www.123laoai.com workspace → Trademark Registration.

Additionally, when operating a business in Laos, besides Trademarks, there are Compliance points regarding employment, Taxation, and leasing. You may refer to our previous articles: "How to Withhold Salary and Personal Income Tax When Hiring in Laos? Company Operation Points" and "Laos Rental Pitfall Checklist: 10 Details to Check Before Signing a Contract".

This article is compiled by LaoPaniti for reference only and does not constitute legal advice.

FAQ

Can a sound trademark be registered in Laos?

According to the Intellectual Property Law, registrable trademarks must be visually perceptible marks. Sounds are not included in the list, and in practice, registration is almost impossible.

How to apply for a smell trademark?

Laos law does not list smells as registrable marks, and there are no examination standards. In practice, such applications are not accepted. It is recommended to protect the brand's smell in combination with visible marks (such as packaging, words).

My brand has a unique flavor. How can I prevent others from imitating it?

You cannot directly register a smell trademark, but you can register visible trademarks such as words, figures, and packaging, and build brand reputation. You may also seek remedies under unfair competition law. For specific strategies, consult a professional institution.

Legal basis

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