In a truly historic development, India has taken a major stride towards recognising smell trademarks—a non-traditional category of marks that has challenged legal systems across the world. The Trade Marks Registry, Delhi, in an order dated 21 November 2025, has accepted for advertisement a smell mark described as “Floral Fragrance / Smell Reminiscent of Roses as Applied to Tyres”, filed by Sumitomo Rubber Industries Ltd., Japan. The order represents one of the most forward-looking analyses ever issued by the Registry on the registration of unconventional marks.
Why This Application Is Historic
The trademark application (No. 5860303) sought protection for a scent infused into vehicle tyres—a completely non-visual sensory trademark. Such marks, commonly referred to as olfactory trademarks, are extremely rare globally and entirely novel in India. Until now, Indian law had not expressly accepted or rejected smell marks, but the rigid requirement of graphical representation under Section 2(1)(zb) of the Trade Marks Act, 1999, has long stood in the way.
Sumitomo had previously obtained registration for the same rose scent in the UK back in 1996—the first ever smell mark registration in that jurisdiction. Building upon that legacy, the company is now pioneering this category in India.
The Applicant’s Case: Why a Rose Scent Can Function as a Trademark
The Applicant presented an extensive set of arguments:
1. Distinctiveness Through Innovation and Use
Sumitomo has, since 1995, infused a rose-like floral fragrance into its tyres as part of its branding and engineering strategy. The scent is arbitrary for tyres—there is no natural link between roses and rubber—making it inherently distinctive.
2. Universal Recognition of the Smell of Roses
The Applicant argued that the smell of roses is universally known, emotionally evocative, and unmistakably identifiable. For an average consumer, imagining the scent of roses does not pose difficulty, thus satisfying the standard of clarity required for a trademark description.
3. Precedents from International Jurisdictions
Examples were cited from Australia, the UK, the EU and the USA—demonstrating that smell marks can be registered based purely on descriptive statements, without chemical formulae or samples.
The Role of the Amicus Curiae: Combining Law with Science
Recognising the novelty and complexity of the matter, the Registry appointed senior trademark expert Shri Pravin Anand as amicus curiae. Beyond legal analysis, he facilitated the creation of an unprecedented scientific graphical representation of the rose-like smell.
This diagram—prepared by researchers of IIIT Allahabad—is the first of its kind in India. It maps the smell as a vector in a seven-dimensional space, corresponding to seven fundamental smell categories:
floral, fruity, woody, nutty, pungent, sweet and minty.
This innovative graphic finally bridged the gap between smell and the statutory requirement of “graphical representation.”
The Registry’s Analysis: A New Benchmark in Trademark Law
1. Graphical Representation — Requirement Satisfied
The Controller General held that traditional graphical formats cannot be imposed on sensory marks. The scientific vector representation, combined with the descriptive statement, was accepted as sufficiently clear, precise, intelligible, durable and objective—fulfilling the statutory mandate under Section 2(1)(zb).
2. Distinctiveness — An Arbitrary and Strong Identifier
The smell of roses has no functional link to tyres. When a vehicle passes and emits a rose-like scent, the Controller observed, consumers can easily connect the unusual aroma to a single source, making it a strong identifier of origin.
The Registry also acknowledged that the novelty of such sensory association would leave a lasting impression on consumers—an essential element of trademark distinctiveness.
The Decision: India’s First Smell Mark Moves to Publication
The Trade Marks Registry directed that Application No. 5860303 be accepted for advertisement in the Trade Marks Journal as an “Olfactory Mark”, accompanied by:
the descriptive statement of the rose smell, and
the seven-dimensional graphical representation created by IIIT Allahabad.
This does not mean final registration—the mark must still pass through the journal publication stage. But it is a monumental first step—India’s legal system has formally opened the door to the possibility of registering smell trademarks.
Why This Matters: Impact on Indian IP Jurisprudence
This order will likely be cited for years to come. Its impact includes:
1. Recognition of Non-Conventional Marks
It paves the way for scent marks, taste marks, motion marks and other sensory signs under Indian law.
2. Scientific Integration with IP Law
The seven-dimensional vector representation sets a precedent for using technology to solve doctrinal challenges.
3. Higher Standards for Unconventional Trademark Applications
The Registry made clear that non-traditional marks must still meet strict tests of:
graphical representation
distinctiveness
consumer perception.
4. Alignment with Global IP Trends
India is now more closely aligned with jurisdictions that embrace non-visual trademarks, enhancing brand protection opportunities for global businesses and innovators.
Conclusion
The acceptance of a rose-scented tyre as a potential trademark is more than a quirky legal development—it represents a fundamental shift in India’s trademark landscape. With this order, the Trade Marks Registry has shown openness to technological innovation, global evolution in trademark theory, and the expanding boundaries of brand identity.
India’s first smell mark may soon become a legal reality, and with it, a new chapter in the country’s intellectual property ecosystem.
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