Introduction: Among the various categories of
trademarks available to businesses, a select few are classified as
"unconventional marks." These include marks based on
sound (such as advertisement jingles), shape, colour, and even
smell. Securing registration for such marks has historically been
challenging, primarily due to difficulties in representation and
the stringent distinctiveness criteria they must satisfy.
For certain businesses, a distinctive scent, much like taste can
leave a lasting impression on consumers. In such cases, smell has
the potential to function as a source identifier, helping
differentiate one business from its competitors. Traditionally, in
India, smell marks have not been granted registration due to legal
and practical limitations. However, in a significant recent
development, one smell mark has been accepted by the Indian Trade
Marks Registry.
