In a groundbreaking development that signals a new era for intellectual property rights in India, the Controller General of Patents, Designs and Trade Marks has accepted for advertisement the nation’s first-ever smell mark. This landmark decision, pertaining to a Japanese company’s application for a “floral fragrance / smell reminiscent of roses applied to tyres,” opens the door for the recognition of non-traditional trademarks and underscores the evolving landscape of brand protection in the country.
The Genesis Of An Olfactory Trademark
The journey began in March 2023 when Sumitomo Rubber Industries Ltd. filed a trademark application seeking registration of a rose-like fragrance for tyres in Class 12. This innovative approach to branding, leveraging the power of scent, immediately presented novel challenges to the Indian trademark regime. The Registry initially raised objections under Sections 9(1)(a) and 2(1)(zb) of the Trade Marks Act, 1999, citing concerns over a lack of distinctiveness and, crucially, the absence of a graphical representation a mandatory requirement under the Trade Marks Act, 1999.
The complexity and rarity of the issue necessitated the appointment of senior intellectual property lawyer Pravin Anand (Managing Partner of Anand and Anand) as amicus curiae, whose expertise proved instrumental in guiding the proceedings.
The Challenge of Graphical Representation: A Scientific Breakthrough
One of the most significant hurdles for any non-traditional mark, especially a smell mark, is fulfilling the statutory requirement of graphical representation. How does one visually depict a scent? This challenge was ingeniously addressed through a scientific breakthrough. Researchers from IIIT Allahabad developed a technology to represent the rose-like smell as a vector in a seven-dimensional space, encompassing fundamental smell dimensions such as floral, fruity, woody, nutty, pungent, sweet, and minty. Sumitomo Rubber Industries Ltd. subsequently adopted this sophisticated model as the graphical representation of its trademark.
Description: The rose-like smell arises from a complex mixture of volatile organic compounds released by rose petals. These compounds interact with human olfactory receptors to create the characteristic fragrance. Using IIIT Allahabad’s technology, this odor profile is translated into a quantitative vector in the 7-dimensional smell space. The graphical representation above depicts this vector.
Methodology: Building upon primary research publicly released by the IIIT Allahabad team involving supervised machine-learning models trained on known olfactory datasets, the researchers performed additional processing to determine the top five contributing chemical compounds responsible for the rose-like smell. An algebraic averaging of vectors corresponding to these compounds was then carried out to produce the final graphical representation.
Handing Over: After the consultancy fee was deposited into IIIT Allahabad’s bank account, the finalized graphical representation was formally handed over to Shri Pravin Anand on 13 September 2024.
The Controller General meticulously examined this scientifically grounded representation and concluded that it successfully captured the “metes and bounds of the smell in question,” thereby satisfying the mandatory requirements under Section 2(1)(zb) of the Trade Marks Act, 1999. This acceptance marks a pivotal moment, demonstrating the Registry’s willingness to embrace scientific and technological advancements in interpreting traditional legal criteria.
Establishing Distinctiveness: The Rose and the Tyre
Beyond graphical representation, the applicant also had to demonstrate the distinctiveness of the smell mark. Sumitomo presented compelling arguments, highlighting its consistent use of a rose-like fragrance in its tyres since 1995. Furthermore, it pointed to the successful registration of an identical smell mark in the United Kingdom in 1996, which was the first of its kind in that jurisdiction. The company contended that the fragrant rose scent, when incorporated into tyres, is inherently distinctive and creates “a distinct and memorable sensory experience for consumers.”
The amicus curiae reinforced these arguments, emphasizing that while Indian trademark law does not explicitly mention olfactory trademarks, it also does not exclude them. He drew parallels with foreign jurisdictions that recognize smell marks and asserted that the rose-like scent applied to tyres is arbitrary, inherently distinctive, and fully capable of functioning as an indicator of commercial origin.
The Controller General concurred, observing that the scent of roses has no natural connection with tyres, thus rendering the mark arbitrary and inherently distinctive. The order dated November 21, 2025, eloquently articulated the mark’s function as a source identifier: “When a vehicle fitted with tyres containing the present smell passes by, a customer perceiving the smellin question will have no difficulty in forming an association between the goods (tyres) and the *source of the goods (the Applicant). This experience would leave a very strong impression upon such a customer as it would be in stark contrast with the smell of rubber that is usually expected while one is standing near a frequently used highway or a road.”
The Path Forward: Implications for Indian IP
Having found that the proposed smell mark is clear, precise, intelligible, objective, and graphically represented, the Registry directed that Trade Mark Application No. 5860303 for “Floral Fragrance / Smell Reminiscent of Roses as Applied to Tyres” in Class 12 be accepted for advertisement on a “proposed to be used basis” as an olfactory trademark.
This landmark decision holds profound implications for Indian intellectual property jurisprudence:
- Expansion of Trademark Scope: It unequivocally signals India’s readiness to move beyond traditional visual marks and embrace non-traditional trademarks, including sound, motion, and potentially even taste marks, provided they meet the criteria of distinctiveness and graphical representation.
- Innovation in Branding: Businesses now have a new avenue to differentiate their products and create unique sensory experiences for consumers, fostering greater innovation in branding strategies.
- Technological Integration in Law: The acceptance of a scientific graphical representation developed by IIIT Allahabad highlights the increasing role of technology and scientific expertise in resolving complex legal issues, particularly in specialized fields like IP.
- Alignment with International Standards: By recognizing smell marks, India aligns itself with several progressive foreign jurisdictions, strengthening its position in the global intellectual property landscape.
- Enhanced Consumer Experience: For consumers, this development means a richer and more diverse brand experience, where senses beyond sight are engaged in identifying and associating with products.
The acceptance of India’s first smell mark is not merely a procedural step; it is a testament to the dynamic and adaptive nature of Indian law. It underscores a forward-thinking approach by the Controller General, paving the way for a more inclusive and innovative trademark regime that truly reflects the multifaceted ways in which brands connect with their audience. This decision will undoubtedly inspire further exploration and protection of sensory marks, enriching the tapestry of intellectual property rights in India
*The Trade Marks Act, § 2(1)(zb) & § 9(1)(a) , Act 47 of 1999
*Government Of India, Ministry Of Commerce & Industry Trade Marks Registry (Nov. 11. 2025)file:///C:/Users/USER/Downloads/ORDER%20dated%20November%2020,%202025-%20NO-TMRDELSCH2025.pdf
About the Author:
Shannon S. Pereira is currently a law student with a strong focus on Intellectual Property Rights. She currently works as a Paralegal at Pulastya Legal Services LLP, where she is gaining practical experience in trademark, copyright, patent, design and the focus on legal agreements. She is passionate about developing a career that blends legal expertise with business understanding.
