India’s Trademark Registry Recognises Its First Smell Trademark; Accepts Japanese Firm’s Application For Rose-Scented Tyres
Pranav B Prem
In a landmark development in Indian trademark jurisprudence, the Controller General of Patents, Designs and Trade Marks has accepted for advertisement a Japanese company’s application for a “floral fragrance / smell reminiscent of roses applied to tyres”, marking the first-ever smell mark to be accepted in India. The order dated November 21, 2025 directs that Sumitomo Rubber Industries Ltd.'s application in Class 12 be advertised on a “proposed to be used basis” as an olfactory trademark along with the graphical representation submitted during the proceedings.
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Sumitomo filed the trademark application in March 2023 seeking registration of a rose-like fragrance for tyres. The Registry initially objected under Sections 9(1)(a) and 2(1)(zb) of the Trade Marks Act, 1999 on the grounds of lack of distinctiveness and absence of a graphical representation, which is a mandatory requirement under the Act. Multiple hearings followed, after which senior intellectual property lawyer Pravin Anand was appointed as amicus curiae to assist the Registry given the rarity and complexity of the issue.
A significant development during the proceedings was the submission of a scientific graphical representation of the rose-like smell created by three researchers from IIIT Allahabad. Using technology developed at the institute, the scent was represented as a vector in a seven-dimensional space comprising floral, fruity, woody, nutty, pungent, sweet and minty as the seven fundamental smell dimensions. Sumitomo subsequently adopted this model as the graphical representation of the trademark.
Sumitomo also submitted that it has incorporated a rose-like fragrance into its tyres since 1995 and that an identical smell mark had already been registered in the United Kingdom in 1996, making it the first smell mark recognized in the UK. According to the applicant, the fragrant rose scent, when incorporated into tyres, is inherently distinctive and creates “a distinct and memorable sensory experience for consumers”.
The amicus curiae informed the Registry that although Indian trademark law does not expressly mention olfactory trademarks, it also does not exclude them. He emphasised that several foreign jurisdictions recognise smell marks, and that the rose-like scent applied to tyres is arbitrary, inherently distinctive, and capable of functioning as an indicator of commercial origin.
The Controller General examined the graphical representation prepared by IIIT Allahabad in detail and concluded that it met the requirement of graphical representation under Section 2(1)(zb). The order states: “I am therefore of the considered opinion that the above representation sufficiently captures the metes and bounds of the smell in question and complies with the mandatory requirements of section 2(1)(zb) of the Act.”
On distinctiveness, the Registry held that the scent of roses has no natural connection with tyres and therefore constitutes an arbitrary and inherently distinctive mark. Noting its operation as a source identifier, the Controller observed: “When a vehicle fitted with tyres containing the present smell passes by, a customer perceiving the smell in question will have no difficulty in forming an association between the goods (tyres) and the source of the goods (the Applicant). This experience would leave a very strong impression upon such a customer as it would be in stark contrast with the smell of rubber that is usually expected while one is standing near a frequently used highway or a road.”
Having found that the proposed smell mark is clear, precise, intelligible, objective and graphically represented, the Registry directed that the application be advertised as an “olfactory trademark” along with the submitted graphical representation. In conclusion, it ordered that Trade Mark Application No. 5860303 for “Floral Fragrance / Smell Reminiscent of Roses as Applied to Tyres” in Class 12 be accepted for advertisement in accordance with Section 20 of the Trade Marks Act, 1999.
Sumitomo Rubber Industries was represented by a team from Cyril Amarchand Mangaldas consisting of Swati Sharma, Revanta Mathur and Sannat Chandna. Senior IP lawyer Pravin Anand served as amicus curiae in the proceedings before the Trade Marks Registry.
