Could a simple fragrance applied to a tyre truly revolutionise India’s intellectual property landscape, granting legal protection to something as intangible as a scent? The answer is a resounding “yes,” as India has recently marked a significant turning point by accepting for advertisement its first-ever smell trademark. This groundbreaking move signals a clear willingness by the Indian Trade Marks Registry to embrace non-conventional marks and align the country with global practices in sensory branding.
The application, filed by Sumitomo Rubber Industries Ltd1. in 2023, sought protection for the “Floral Fragrance/Smell Reminiscent of Roses as Applied to Tyres” in Class 12 of the Nice Classification, which covers vehicles and their parts. This seemingly simple application for a rose-scented tyre has become a powerful catalyst, demonstrating India’s readiness to recognise that a fragrance can legitimately serve as a commercial identifier.
The Evolution of Trademark Law and the Sensory Challenge
Trademark law has historically prioritised visual marks like logos, words, and symbols due to their tangible and easily representable nature. However, in today’s competitive market, brands are increasingly leveraging sensory elements like smell, sound, and texture to create deeper consumer connections and differentiate their products. This global trend towards sensory branding presented a hurdle for India, as the Trade Marks Act, 1999, while broadly defining a trademark to encompass signs capable of distinguishing goods, lacks explicit provisions for registering smell marks, thus creating regulatory uncertainty.
Internationally, the challenge of graphically representing scent was starkly addressed in the European Union’s landmark Ralf Sieckmann v Deutsches Patent- und Markenamt2,. The Court of Justice of the European Union ruled that a non-visual sign must be graphically represented in a full, clear, and precise way that is comprehensible to the public. The applicant’s submissions, a chemical formula is a verbal description, and a scent sample were all deemed insufficient, setting a high bar known as the Sieckmann criteria. This global precedent underscored the critical need for an objective, reproducible, and intelligible representation of a scent.
The Rose-Scented Tyre: A Scientific Solution
The application initially faced objections under Section 9(1)(a) and Section 2(1)(zb). To overcome this, Sumitomo Rubber Industries Ltd. presented exhaustive evidence of acquired distinctiveness through consumer surveys. Crucially, they successfully navigated the “graphical representation” barrier by submitting a scientifically developed seven-dimensional “olfactory vector.” This vector, created by researchers at the Indian Institute of Information Technology (IIIT), Allahabad, captured the rose fragrance by mapping its volatile organic compound (VOC) composition across seven sensory axes.
The success of the olfactory vector lies in its foundation on the distinct Volatile Organic Compounds (VOCs) that chemically define the scent of a rose. Key components include 2-phenylethanol (responsible for the classic, mild rose and honey note), Geraniol (contributing a sweet, floral character), and Citronellol (imparting a fresh, clean rosy undertone). By using analytical methods like Gas Chromatography-Mass Spectrometry (GC-MS), the application quantified the precise ratio and concentration of these VOCs, translating the physical-chemical fingerprint into the objective numerical values required by the seven-dimensional vector. This conversion provided a durable and verifiable signature that transcended subjective verbal description.
The CGPDTM3 accepted this objective, precise, and reproducible scientific representation as sufficient to meet the requirement for graphical depiction, a pivotal moment that adapts the law to modern scientific methods. Furthermore, the Registry concluded that the rose fragrance served an aesthetic and branding purpose, rather than any functional aspect of the tyre’s performance, thereby fulfilling the essential statutory requirement of non-functionality.
The acceptance for advertisement on November 21, 2025, is a dynamic adaptation of India’s intellectual property framework, highlighting a willingness to integrate scientific methods to protect sensory innovation.
Global Alignment and Future Implications
The acceptance of the rose-scented tyre places India among jurisdictions that have successfully registered olfactory marks, such as the US, with its registration of the iconic Play-Doh scent, and the EU, which registered the “smell of freshly cut grass” for tennis balls. These examples illustrate that while scent marks remain rare, they are protectable when applicants satisfy statutory requirements related to distinctiveness, non-functionality, and critically objective representation.
The decision is a significant precedent that will shape both administrative practice and judicial interpretation for years to come. Future applicants for non-traditional marks—be they smells, tastes, or textures will likely be required to rely on technical and scientific evidence, such as chemical fingerprinting or olfactory vectors, to prove distinctiveness. While the enforcement of these marks will introduce a new technical dimension, potentially necessitating VOC analysis and expert testimony, this decision ultimately unlocks new avenues for businesses to safeguard the unique sensory experiences that define their products.
Conclusion
The acceptance of the rose-scented tyre trademark is far more than an isolated case; it is a seminal moment that fundamentally shifts the trajectory of intellectual property in India. By endorsing the scientifically mapped olfactory vector, the Registry has demonstrated a dynamic willingness to move beyond traditional visual identifiers, embracing the complexities of sensory branding and aligning India with sophisticated global practices. This decision not only validates the innovative efforts of businesses seeking protection for unique sensory identifiers but also sets a formidable precedent that will guide future administrative and judicial interpretations regarding smells, tastes, and textures. As the mark moves forward, it will inevitably test the legal system’s capacity to enforce such non-traditional signs, demanding technical expertise in the courtroom. Ultimately, this pioneering step ensures that creativity, even in its most intangible forms, can now be safeguarded, signaling a new, progressive era where the full sensory experience of a brand is protectable under Indian law.
Citations
- Sumitomo Rubber Industries Ltd, Application No. 5860303
- Ralf Sieckmann v Deutsches Patent- und Markenamt, Case C-273/00,
- The Controller General of Patents, Designs and Trade Marks
Expositor(s): Adv. Archana Shukla
