India Approves First-Ever Olfactory Trademark For Rose-Scented Tyres | File Pic (Representative Image)
New Delhi: India’s trademark regime took an unexpectedly fragrant turn this week when the Trade Marks Registry approved the country’s first-ever olfactory trademark—a rose-like floral scent infused into tyres manufactured by Sumitomo Rubber Industries. In a jurisdiction accustomed to logos, words, and colour trademarks, this decision represents a significant innovation in intellectual property law.
Registry Confirms Smell Can Be a Trademark
The order, issued on November 21 by Controller General of Patents, Designs & Trade Marks, Prof Unnat P Pandit, confirms that a distinctive, traceable, and graphically representable scent can qualify as a trademark under Section 2(1)(zb) of the Trade Marks Act, 1999, reported Bar and Bench. Sumitomo has been infusing tyres with this fragrance since 1995, as part of its product innovation strategy.
Initial Objections and Legal Proceedings
When Sumitomo filed the application in India, the Registry initially objected under Sections 9(1)(a) and 2(1)(zb), declaring the mark neither distinctive nor graphically representable—a requirement for all trademarks. An examination report in August 2023 led to multiple hearings, arguments, and legal back-and-forth.
Given the novelty of the issue, the Registry appointed veteran IP lawyer Pravin Anand as amicus curiae. Anand submitted scientific analyses and a model developed by IIIT Allahabad researchers to transform the intangible scent into a seven-dimensional vector, covering floral, fruity, woody, nutty, pungent, sweet, and minty notes.
Scientific Model Unlocks Legal Approval
The graphical representation of the scent satisfied the European Sieckmann criteria, which require a mark to be clear, precise, objective, intelligible, self-contained, and durable. This allowed regulators and the public to consistently identify and understand the fragrance, paving the way for its registration as a legally recognised trademark.
