India Approves First-Ever Smell Trademark for Rose-Scented Tyres

In a landmark move for intellectual property law, India’s Trade Marks Registry has accepted the country’s first olfactory, or smell-based, trademark application -- a rose-like floral fragrance infused into tyres manufactured by Sumitomo Rubber Industries Ltd. The decision represents a major step forward for non-conventional trademarks and marks a significant evolution in how brand identity can be legally protected in India.

The acceptance order, issued by the Controller General of Patents, Designs & Trade Marks, confirms that the fragrance meets the statutory requirements of distinctiveness and graphical representation under the Trade Marks Act, 1999. Sumitomo argued that the rose scent has been infused into its tyres since 1995 as part of an ongoing innovation strategy, and that the fragrance has already been recognised as a mark in other jurisdictions.

Initially, the Registry raised objections concerning the inherent distinctiveness of a scent and questioned how a smell could be represented graphically with sufficient clarity. To navigate these challenges, an amicus curiae was appointed to assist in examining the novelty and legal complexities of olfactory marks.

A breakthrough emerged when Sumitomo submitted a scientific, vector-based model mapping the fragrance within a seven-dimensional structure. This model placed the scent across core olfactory families such as floral, fruity, woody, nutty, pungent, sweet and minty. After reviewing the submission, the Registry held that the representation was clear, durable, objective and precise, thereby meeting the legal threshold.

On the question of distinctiveness, the Registry observed that a rose fragrance is entirely arbitrary in the context of tyres, since rubber does not naturally emit such a scent. This contrast strengthens the fragrance’s ability to function as a source identifier and enables consumers to associate the specific smell with Sumitomo’s products.

The decision is expected to pave the way for broader acceptance of non-traditional trademarks in India, including sensory marks such as smells and sounds. It also reflects a progressive approach from the Trade Marks Registry, one that may shape future guidelines and encourage greater innovation in brand differentiation and consumer engagement.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.