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India's Trade Marks Registry ('TMR') has accepted the country's first olfactory/smell trademark for a rose-like floral fragrance applied to vehicle tyres. The trademark in question was applied for in Class 12 by Sumitomo Rubber Industries Ltd ('Sumitomo'). This marks a significant development in the treatment of non-traditional trademarks in India.
The TMR had earlier objected to Sumitomo's application on the grounds that: (i) the smell mark is devoid of distinctive character and incapable of distinguishing itself with other marks; and (ii) an appropriate graphical representation of the scent was not available.
To address these objections, Sumitomo relied on experience with its earlier United Kingdom registration for rose-scented tyres and submitted scientific evidence to establish the distinctiveness of the mark. Sumitomo submitted that the mark has successfully acquired distinctiveness through their unique innovation of infusing a floral fragrance, specifically one reminiscent of roses, into the tyres manufactured by them and that it has invested significantly in research and development, pioneering the incorporation of scents into their tyres, creating a distinct and memorable sensory experience for consumers. Further, Sumitomo quantified the fragrance using a seven-dimensional vector model, presented in a radar-chart-style depiction across seven olfactory categories: floral, fruity, woody, nutty, pungent, sweet, and minty. This model offered an objective and reproducible 'scent profile'. The TMR considered this representation sufficiently clear and intelligible to meet the graphical representation requirement, and subsequently, in a detailed Order dated November 21, 2025, accepted the application, directing that it be published in accordance with the procedure laid down in the Trade Marks Act, 1999, making this the first recognised graphical depiction of a smell under Indian law.
The acceptance of this mark signals an expansion of India's approach to non-traditional marks, and places India among jurisdictions willing to recognise scent as a source identifier. For brand owners, it underscores the growing role of sensory branding and suggests that robust scientific evidence can unlock protection for unconventional brand elements.
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