In a landmark development for India’s intellectual property landscape, the Indian Trademark Registry has accepted the country’s first-ever smell trademark—a rose-scented tyre owned by a Japanese company. This remarkable step signals a shift in India’s approach toward non-traditional trademarks, placing the country alongside global jurisdictions that recognise sensory branding beyond the conventional forms of logos, labels, shapes, and colours.

1. The Rise of Non-Traditional Trademarks in India

As markets become increasingly saturated, brands are now looking for ways to create identities that appeal to more than just the sense of sight. Non-traditional trademarks—such as scents, sounds, textures, shapes, colours, and motion marks—have emerged as powerful tools for building deeper emotional and sensory connections with consumers. 

These marks extend far beyond traditional word or logo trademarks, covering distinctive elements like jingles, signature colours, unique product shapes, holograms, and even fragrances. Such unconventional identifiers help brands craft richer, multisensory experiences and strengthen recall value. While India has previously recognised sound and shape marks, scent marks remained unexplored territory—until now.

2. The Case of the Rose-Scented Tyre

The Japanese manufacturer introduced automobile tyres that carry a distinct rose fragrance, purposefully infused to mask the typical strong odour of rubber and to create a unique sensory experience. 

The idea behind introducing a rose-scented tyre is a strategic move aimed at creating a unique brand identity in a highly standardised and competitive product category. The scent helps consumers develop an immediate association with the brand, making it easier for the tyre to stand out in the market. 

How the Smell Mark Was Accepted: A Closer Look at the Application Process

The acceptance of India’s first smell trademark was the result of a well-supported application rather than an automatic approval. Although the Registry initially raised strong objections, the applicant’s systematic submissions ultimately demonstrated that the rose fragrance could function as a trademark.

Registry’s Concerns and the Applicant’s Rebuttal

The Registry objected on the grounds that a scent cannot be “graphically represented” under Section 2(zb) and that the current TM Module has no mechanism to examine or store olfactory marks, making it difficult to judge distinctiveness.

To address these issues, the applicant adopted a comprehensive strategy:

• Provided a precise written description of the rose fragrance, consistent with international standards.
• Submitted physical scent samples for direct examination.
• Proved non-functionality, showing the scent does not naturally arise from rubber and is infused solely for brand identification.
• Produced evidence of batch-wise consistency of the fragrance.
• Submitted material showing that consumers associate the rose scent specifically with their tyres.

Together, these representations and supporting documents convinced the Registry that the rose fragrance met the essential trademark criteria, even without a traditional graphic depiction.

The following table sets out the application details: –

3. Legal Framework for Smell Marks in India

The Indian Trade Marks Act, 1999 allows the registration of “marks” capable of being represented graphically and of distinguishing the goods/services of one entity from those of others. Although the Act is open-ended, smell marks have lacked a clear registration mechanism due to graphic representation challenges.

3.1 Statutory Requirements

For any mark—including scent marks—the applicant must demonstrate:

• Distinctiveness
• Graphical representation
• The mark must be non-functional 
• It must serve as a source identifier

Until recently, the Registry had not accepted any smell marks because graphic representation was deemed nearly impossible.

4. Why Smell Marks Are Difficult to Register

Smell marks in India face multiple challenges:

• The Graphic Representation Problem

Because a smell cannot be photographed or visually captured, applicants often rely on alternatives such as chemical formulas, written descriptions, or physical fragrance samples. Yet none of these methods fully satisfy the requirement of a precise and objective trademark representation. The acceptance of the rose-scented tyre mark indicates that the Registry is now approaching this requirement with greater flexibility. 

•  The Functionality Doctrine

Under trademark law, features that are essential, functional, or naturally occurring cannot be monopolised. A scent mark will fail registration if:

• It naturally arises from the product, or
• It serves a functional purpose (e.g., masking bad odour to improve quality)

In this case, the scent was deliberately designed not for function but for brand distinction, which strengthened the application.

• Distinctiveness Concerns

For a scent to qualify as a trademark, it must be unusual for the product category and capable of instantly reminding an average consumer of a single source. In this case, the rose fragrance satisfied the test because tyres typically do not carry any scent, the fragrance was uniquely connected to the company’s brand identity, and the scent remained consistent across all production batches.

 Practical Takeaways for IP Practitioners

IP practitioners should anticipate a rise in non-traditional trademark filings, especially scent marks, and ensure that applications include precise scent descriptions, evidence of distinctiveness, proof of batch consistency, non-functionality, and samples where permitted. Enforcement may be challenging, as proving scent-based confusion and detecting similar fragrances often requires technical testing and expert analysis. Nonetheless, protecting scents as trademarks opens new possibilities for brands to strengthen their identity and market presence.

Conclusion

India’s first smell trademark a rose-scented tyre—marks a significant shift in India’s trademark landscape and signals greater openness toward non-traditional marks. 

This development creates new opportunities for sensory branding and allows businesses to differentiate themselves beyond visual cues. For brands and IP professionals, it highlights the need to rethink trademark strategies and prepare for the unique evidentiary and technical requirements of scent marks. As India enters this new phase of brand protection, one thing is clear: innovation no longer needs to be seen or heard—it can also be smelled.