India Grants First Smell Trademark: Rose-Scented Tyres Make Legal History
Trademarks Registry says fragrances can be distinctive identifiers under law
Landmark decision opens doors for non-traditional trademarks like sound, colour, and scent
By Our Legal Reporter
New Delhi: November 22, 2025:
India’s intellectual property regime has entered a new era. On 21 November 2025, the Trademarks Registry of India approved the country’s first-ever smell trademark — a floral fragrance reminiscent of roses infused into tyres manufactured by Sumitomo Rubber Industries Ltd. This decision marks a turning point in Indian trademark law, which until now recognised only conventional marks such as logos, words, and shapes.
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The ruling confirms that olfactory marks — trademarks based on smell — can be registered if they meet statutory requirements of distinctiveness and graphical representation under the Trademarks Act, 1999.
Background of the Case
Sumitomo Rubber Industries, a Japanese company, filed its application in March 2023 under Class 12 (vehicles and tyres). The company argued that it had been infusing tyres with a rose-like fragrance since 1995 as part of its innovation strategy.
Initially, the Registry objected to the application under Sections 9(1)(a) and 2(1) (zb) of the Trade Marks Act, citing lack of distinctiveness and absence of graphical representation. Multiple hearings followed, with senior IP lawyer Pravin Anand appointed as amicus curiae. Scientists from IIIT Allahabad also assisted in evaluating whether a smell could be objectively represented and distinguished.
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The Decision
The Controller General of Patents, Designs & Trademarks, Prof. Unnat P. Pandit, ruled that the rose fragrance satisfied the statutory requirements. The Registry held that:
- Distinctiveness: The fragrance was unique and associated with Sumitomo’s tyres.
- Graphical representation: The company provided a detailed chemical formula and description of the scent.
- Legal compliance: The mark qualified under Section 2(1) (zb) of the Trademarks Act, which defines trademarks as capable of graphical representation and distinguishing goods/services.
The application was accepted on a “proposed to be used basis” and advertised for public opposition.
Why This Matters
This decision is historic because it expands the scope of what can be trademarked in India. Traditionally, trademarks included:
- Words and brand names
- Logos and symbols
- Shapes and packaging
- Colours (in limited cases)
- Sounds (like jingles)
Now, smells join the list of registrable marks, opening new possibilities for industries ranging from perfumes and cosmetics to food and beverages.
Global Context
India is not the first country to recognise smell marks.
- United States: The scent of “plumeria blossoms” for sewing thread and “cherry fragrance” for lubricants have been registered.
- European Union: The EU Intellectual Property Office has accepted sound and colour marks but remains cautious about smell marks due to difficulties in representation.
- Japan: Non-traditional marks like sound and motion are recognised, though smell marks are rare.
India’s decision aligns with global trends in expanding intellectual property protection to intangible identifiers.
Challenges of Smell Marks
While the ruling is groundbreaking, smell marks raise complex legal and scientific questions:
- Subjectivity: People perceive smells differently, making distinctiveness harder to prove.
- Graphical representation: Unlike logos or words, smells cannot be easily depicted. Chemical formulas may not fully capture the sensory experience.
- Enforcement: Proving infringement of a smell mark in court could be challenging.
Despite these hurdles, the Registry’s acceptance signals a willingness to adapt law to modern business realities.
Expert Reaction
Legal experts hailed the decision as a “fragrant frontier” in trademark law.
- Pravin Anand, amicus curiae, called it a “historic step in recognising non-traditional marks.”
- IP scholars noted that the ruling could encourage innovation in branding, especially in industries where sensory experiences matter.
- Business leaders welcomed the decision, saying it would help companies differentiate products in competitive markets.
Implications for Industry
- Automobile sector: Sumitomo’s rose-scented tyres show how even utilitarian products can be branded through sensory appeal.
- Perfume and cosmetics: Companies may now seek protection for signature scents.
- Food and beverages: Distinctive aromas could become trademarks, protecting recipes and brand identity.
- Hospitality: Hotels and airlines may trademark signature fragrances used in their spaces.
Conclusion
The approval of India’s first smell trademark is more than a quirky legal milestone. It represents a paradigm shift in intellectual property law, recognising that brands are not just seen or heard but also smelled. By granting protection to Sumitomo’s rose-scented tyres, the Trademarks Registry has opened the door for a new generation of non-traditional trademarks in India.
This decision strengthens India’s position as a forward-looking jurisdiction in global IP law and sets the stage for future debates on how intangible experiences can be legally protected.
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