Smell Trademark- “Floral Fragrance / Smell Reminiscent of Roses as Applied to Tyres” 

Introduction 

In a recent development for non-traditional trademarks in India, Sumitomo Rubber Industries has succeeded in advancing the registration of a smell-based trademark for a “floral fragrance/smell reminiscent of roses as applied to tyres.” The decision marks an important step towards recognising olfactory marks under Indian trademark law. 

Background and Objections 

The application faced initial objections under Sections 9(1)(a) and 2(1)(zb) of the Trade Marks Act, 1999, on the grounds that the mark lacked inherent distinctiveness and did not satisfy the statutory requirement of graphical representation. At the time, smell marks were not expressly contemplated under the Act, raising questions about their registrability. 

Applicant’s Submissions and Evidence 

The Applicant contended that embedding the scent of roses into rubber tyres created an arbitrary and distinctive sensory experience. While the fragrance of roses is universally recognisable, its application to tyres is highly unusual, enabling it to function as a source identifier. To address the graphical-representation objection, the Applicant relied on a scientific report from IIIT-Allahabad and submitted a novel seven-dimensional graphical depiction of the scent, developed with expert assistance. The proceedings also benefited from the intervention of amicus curiae Shri Pravin Anand. 

Findings of the Registry

The Controller General accepted the scientific representation as meeting the graphical-representation requirement and held that the rose fragrance, when applied to tyres, possessed inherent distinctiveness. The Registry also took note of the earlier UK registration of an identical smell mark in 1996, the first olfactory trademark recognised in the UK demonstrating that such marks can serve as indicators of origin. 

Conclusion 

On the basis of the evidence and submissions, the mark was accepted for advertisement as an “olfactory trademark.” This order aligns India with global practices recognising non-conventional trademarks and significantly broadens the scope of protectable subject matter under Indian trademark law.