The Controller General of Designs, Patents and Trade Marks has accepted an application filed by Sumitomo Rubber Industries Limited for registration of a scent-based trademark under Class 12, described as a smell reminiscent of roses applied to tyres. This marks the first recognised olfactory trademark in India. The application was initially objected to under Sections 9(1)(a) and 2(1)(zb) of the Trade Marks Act, 1999 on grounds of lack of distinctiveness and graphical representation.
Upon detailed examination, the Registrar accepted the application, noting that the scent had been represented through a structured and precise graphical model and had acquired distinctiveness through long-term use since 1996, supported by consumer association. The absence of any functional link between the scent and the product further supported registrability. The acceptance of the mark and its publication in the Trade Marks Journal represents a significant development in the evolution of non-traditional trademarks in India.
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