India’s First Smell Trademark: A Landmark Step in Indian Trademark Law

In a historic and precedent-setting development, the Controller General of Patents, Designs & Trademarks (CGPDTM), India, on 21 November 2025, accepted India’s first-ever smell (olfactory) trademark application, signalling a major evolution in the recognition of non-visual trademarks under Indian law.

This decision marks a decisive shift from long-standing skepticism surrounding smell marks and places India firmly on the global map of jurisdictions acknowledging sensory branding.

The Case That Made History

The application was filed by Sumitomo Rubber Industries Ltd. for the mark:

“Floral fragrance / smell reminiscent of roses as applied to tyres”

in Class 12 (tyres for vehicles) on a proposed-to-be-used basis. This was the first instance in India where protection was sought for a smell as a trademark, pushing the boundaries of conventional trademark jurisprudence.

The Core Legal Challenge

Under the Trade Marks Act, 1999, a trademark must be:

• Capable of graphical representation, and
• Capable of distinguishing the goods or services of one person from those of others.

Historically, smell marks struggled to meet these requirements due to:

• Subjective perception of scents
• Lack of a standard method of graphical representation
• Concerns around enforceability and certainty

These challenges had, until now, kept smell marks outside the realm of practical registration in India.

Scientific Representation: Redefining “Graphical Representation”

The turning point in this case was the adoption of a scientific and objective method to represent the smell.

The fragrance was mapped as a vector in a seven-dimensional space, each dimension corresponding to one of the seven fundamental smell categories—floral, fruity, woody, nutty, pungent, sweet, and minty. This representation objectively defined the composition, intensity, and boundaries of the scent.

By accepting this approach, the CGPDTM recognized that graphical representation need not be confined to traditional visual depictions, provided the representation is clear, precise, objective, durable, and intelligible.

Distinctiveness of the Smell

On the issue of distinctiveness, the authority observed that:

• A rose-like fragrance has no natural or functional connection with tyres
• Its use is arbitrary and unexpected, making it capable of identifying commercial origin
• A consumer encountering such a scent would readily associate it with a particular source

Accordingly, the smell was held to be inherently distinctive and capable of functioning as a trademark.

A Progressive Interpretation of Trademark Law

The decision reflects a purposive interpretation of the Trade Marks Act, recognizing that trademark law must evolve alongside technological innovation and modern branding practices. The CGPDTM emphasized that denying protection merely because a mark does not fit within traditional visual categories would unjustly exclude emerging forms of brand identification.

Importantly, the authority balanced innovation with legal certainty by insisting on scientific objectivity and clear boundaries for protection.

What This Means for India

This acceptance:

• Opens the door for non-conventional trademarks such as smell, texture, and motion marks
• Encourages innovation in sensory and experiential branding
• Aligns Indian trademark practice with global developments
• Sets a persuasive precedent for future applications involving non-visual marks

While acceptance for advertisement does not guarantee final registration and the mark remains open to opposition, the decision itself is a watershed moment.

Conclusion

The acceptance of India’s first smell trademark represents a bold and forward-looking step in Indian intellectual property law. It demonstrates that Indian trademark jurisprudence is no longer confined to what can be seen, but is prepared to protect what can be experienced.

India has officially entered the era of sensory trademarks, and this landmark decision will undoubtedly shape the future of non-conventional trademark protection in the country.

Link to download the order
https://mytaxexpert.co.in/uploads/1766146720_CGPDTMacceptsthefirstsmelltrademark1.pdf