Think trademarks are just logos or jingles? Think again. India’s Trademarks Act, 1999, has always allowed “any sign” that stands out if it can be drawn or described clearly and links goods to a brand. Words, shapes, sounds? Check. But smells? That was the holy grail tricky to “see” on paper and prove it’s unique.
Enter the rose-fragranced tire: a floral burst embedded right into the rubber. No vague descriptions here the application nailed it with a precise, science-backed “olfactory vector” (fancy talk for a smell blueprint). Accepted on November 21, 2025, this olfactory mark zipped through to advertisement, proving smells can play by the rules.
The Star of the Show: Sumitomo’s Rose Revolution
Japanese giant Sumitomo Rubber Industries didn’t just file paperwork—they scented a path to innovation. Their mark? A rose-like aroma wafting from tires, screaming “premium quality” without a single word. The Registry called it an official “olfactory trademark,” ticking boxes for distinctiveness and graphics like a pro.
This isn’t random; it’s strategic genius. Tires smell like rubber? Yawn. Roses? That’s memorable magic, turning a mundane product into a sensory signature.
Why the Buzz? India Officially Recognizes Smell Marks for the First Time
Historic First for India: The recognition of the first smell mark as an “olfactory trademark” is a milestone, as India has formally recognized the validity of applying the trademark legislation to scent marks. The CGPDTM has approved the registration of a “rose-scented” tire as an olfactory trademark, determining that it meets all the criteria outlined in Section 2(1) (zb) of the Trademarks Act regarding “graphical representation” and “distinctiveness”. This decision creates a firm foundation for the recognition of olfactory trademarks in India. The ruling is a landmark decision because it puts India on par with other forward-thinking jurisdictions (such as the EU and US) and allows for the legal protection of scent-based sensory branding.
Opening New Doors for Non-Traditional Trademarks: The identification of the first olfactory trademark opens up the possibility for all non-traditional trademarks that do not fit into the category of visual or auditory representation. The ability to view scents as marks allows for new sensory branding applications across a variety of industries (including food, cosmetics, hospitality, and automotive). Companies can now legally protect their own unique scent marks as a source identifier, leading to greater innovation and implementation of copycat-proof marketing strategies. Expect a considerable increase in the number of scent mark applications for perfumes, snacks, spas, and many other scented products due to the scientific evidence-based characteristics of scent being a source of origin for the product.
Action Steps: Sniff Out Your Opportunity
For businesses, unlocking the full potential of scent-based branding starts with determining if their scent will be distinctive, memorable, and emotional pull-factors that will lead to customer loyalty. By performing a thorough brand audit, you can evaluate how unique and consistently your scent has been, and if it has the “magic recall” that distinguishes your brand from others. Once you have determined the potential of your scent, you can begin developing the strategy on how to utilize that potential. Instead of using flowery language for describing your scent, you should work with an experienced perfumer to be able to develop the scientific or chemical vectors of your fragrance for the sake of providing your trademark application with precision and credibility. Time is of the essence, as scented trademarks are still an innovative space, providing early filers the opportunity for market advantage due to lack of competition. If you want to expand your business internationally, it would be good to file for protection of your scent in all countries where your customers are located, allowing you to capitalize on the growing trend of scent branding. Ultimately, since many people are making decisions based on the experience they are having rather than product features, a distinctive scent could be your most valuable brand asset and ultimately your best and least protected.
The Scent of Progress: A New Era Dawns
India’s first olfactory trademark isn’t a fleeting whiff—it’s a bold declaration that non-traditional marks like smells are here to stay, expanding the horizons of brand protection like never before. By officially embracing scents, the Registry has thrown open the doors to a vibrant, multi-sensory future in Indian IP law. Brands, it’s time to innovate: what’s your signature aroma? The air is ripe with possibility
Authored By: Bhumika Mukherjee
