Indian Trade Marks Registry Accepts First Olfactory Mark

India's Trade Marks Registry ('TMR') has accepted the country's first olfactory/smell trademark for a rose-like floral fragrance applied to vehicle tyres. The trademark in question was applied for in Class 12 by Sumitomo Rubber Industries Ltd ('Sumitomo'). This marks a significant development in the treatment of non-traditional trademarks in India.

The TMR had earlier objected to Sumitomo's application on the grounds that: (i) the smell mark is devoid of distinctive character and incapable of distinguishing itself with other marks; and (ii) an appropriate graphical representation of the scent was not available.

To address these objections, Sumitomo relied on experience with its earlier United Kingdom registration for rose-scented tyres and submitted scientific evidence to establish the distinctiveness of the mark. Sumitomo submitted that the mark has successfully acquired distinctiveness through their unique innovation of infusing a floral fragrance,