India: Intellectual Property

In the conventional Intellectual Property Rights (IPR) landscape, trademarks were only associated with words, symbols, and logos. But in an era of increasing market congestion, assorted brands have made a shift for more sensory based marketing instead of sticking to the traditional ways in order to absorb more consumers.

The Judgement in Tik Tok Limited v. Registrar of Trade Marks, Mumbai, marks as a crucial milestone in India's Trademark Jurisprudence, highlighting the moment that administrative discretion clashed with the constitutionally-mandated principle of legality.

India has achieved a historic breakthrough in the development of its intellectual property system with the Trade Marks Registry accepting and granting protection to India’s first olfactory or smell trademark- a floral, rose-like aroma used on vehicle tyres, by Sumitomo Rubber Industries Ltd . in respect of Application No. 5860303. The decision is a landmark in Indian trade mark law and it broadens the very concept of what a “mark” could be under the Trade Marks Act, 1999. Traditionally, trademarks in India were confined to visual or audible elements, such as words, logos, shapes and sounds (Graphical representations).