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India has recorded a historic milestone in its intellectual property regime with the grant of the country’s first smell trademark, awarded to a prominent Japanese tyre manufacturing company for its innovative and distinctive “Rose Scented Tyre”. This marks a significant advancement in India’s approach towards accepting non-traditional trademarks, bringing the nation closer to global IP standards.

Traditionally, trademarks in India have been limited to words, logos, labels, shapes and colours. With global brand strategies evolving, companies now integrate unique sensory elements—such as sound, smell, taste or texture—to differentiate their products. While India previously recognized sound marks, smell marks remained largely unexplored due to the challenges of graphical representation, distinctiveness and subjectivity of olfactory perception.

The successful registration of the rose fragrance for tyres is therefore a ground-breaking development within the meaning of Section 2(1)(zb) of the Trade Marks Act, 1999, opening the door for other brands to explore and protect non-conventional sensory identifiers.

The Japanese applicant developed a unique technology that infuses a consistent and identifiable rose fragrance into its tyres. This scent remains perceivable over a period of usage and is not a characteristic naturally associated with rubber tyres.

The “rose-scented tyre” was considered distinctive because the fragrance is non-functional and used only for brand identification. Its unusual rose aroma creates a unique sensory identity, supported by clear documentation of the scent’s composition and consistency. Additionally evidence showed that consumers already associated the rose smell with the brand, strengthening its claim to distinctiveness.

This registration is significant as it marks India’s first smell trademark, setting an important milestone for non-traditional marks. It is expected to influence the industry, rais evidentiary standards for such filing and bring India’s trademark practice closer to international IP norms.

Challenges included graphical representation, objective scent identification, distinctiveness, non-functionality and scent stability. Applicant overcomes these by providing Laboratory Reports, Expert Opinions, international Certifications, Technical Descriptions and Consumer Recognition Evidences.

This landmark case offers key lessons for businesses pursuing non-traditional trademarks. Companies should provide a clear and precise description of the mark, support it with strong scientific evidence and demonstrate genuine consumer association. They should also review relevant international precedents and understand the expectations of the Trademark Registry to strengthen their chances of successful registration.

Conclusion

The registration of the “Rose Scented Tyre” represents a significant shift in India's IP framework. It signals openness to innovative branding and encourages industries to adopt creative identifiers. India’s first smell trademark is expected to pave the way for more sensory marks in the future.

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Prepared by : Saifullah Maulvi (Advocate & TradeMarks Attorney)