TMR Clears Smell Mark for Publication
India’s Trade Marks Registry has cleared Sumitomo Rubber Industries Ltd.’s application for a rose-scented tyre mark for publication in the Trade Marks Journal. The company filed the application in March 2023 under Class 12 on a proposed-to-be-used basis.
The mark covers a floral fragrance reminiscent of roses applied to tyres. With this step, India moves closer to recognising smell marks under its trademark system.
Why the Order Matters
India has not yet registered a smell trademark. That is why this order matters. It shows that the Registry may now accept non-traditional marks when applicants support them with clear evidence.
Smell marks often face difficulty. A scent is hard to represent with precision. It must also identify commercial origin and not perform a functional role.
Objections Raised by the Registry
The Registry first raised objections under Sections 9(1)(a) and 2(1)(zb) of the Trade Marks Act, 1999. It questioned two issues. First, could the scent be represented clearly? Second, could the scent function as a trademark?
Sumitomo Rubber addressed both objections through scientific material, legal submissions, and comparative global practice.
Scientific Representation Helped the Applicant
The applicant relied on a technical representation prepared with the support of IIIT Allahabad. The material mapped the rose fragrance in a seven-dimensional olfactory model. It aimed to show the scent in a clear, measurable, and reproducible way.
The Registry noted that this was the first time such a method had been presented in India in support of a smell mark claim.
Why the Scent Was Treated as Distinctive
The Registry accepted that a rose fragrance has no natural or functional connection with tyres. It found that the scent gives no technical or performance benefit. That finding helped the applicant show distinctiveness.
Because the scent is unusual in the tyre industry, the Registry found that it could indicate source and distinguish the applicant’s goods from others.
Registry’s Conclusion
The Registry held that the mark met the requirements for advertisement. It found that the scent, along with its description and scientific representation, was capable of clear and precise identification. It also found that the mark was distinctive in the context of tyres.
On that basis, the Registry allowed the application to proceed for publication under Section 20 of the Trade Marks Act.
What This Means for Brand Owners
This development could shape the future of sensory branding in India. If the mark proceeds to registration, it may become the country’s first registered smell trademark.
The order may also encourage businesses to explore other non-traditional marks, including sound, motion, texture, and hologram marks.
