Scent Without Sense: Why India’s Trademark Law Might Not Be Ready For Olfactory Marks

Published in the LiveLaw

In a pioneering decision relating to Sumitomo Rubber Industries Ltd.’s trade mark for “FLORAL FRAGRANCE / SMELL REMINISCENT OF ROSES AS APPLIED TO TYRES,” marks the first time the Trade Marks Registry (hereafter “the Registry”) has accepted an olfactory mark as registrable under the Trade Marks Act, 1999 (hereafter “the Act”).

The Controller General of Patents, Designs, and Trademarks (CGPDT), has recently accepted a smell mark under India’s trademark regime, generating significant attention and commentary. This development, hailed as a “watershed” moment for non-traditional trademarks, presents an important opportunity to reassess whether or not the statutory framework in India is equipped to accommodate an olfactory mark.