India approves its first olfactory trademark for rose-scented tyres
India’s Trade Marks Registry has approved the country’s first olfactory trademark—a rose-like scent infused into tyres. The decision marks a major shift in intellectual property law, as the nation traditionally recognises only logos, words, and colours as trademarks. The ruling confirms that a distinctive, traceable scent can now qualify for legal protection under the Trade Marks Act, 1999.
The case began when Sumitomo Rubber Industries applied to trademark its signature rose-like fragrance, used in tyres since 1995. Initially, the Registry rejected the application, arguing the scent was neither distinctive nor graphically representable.
The approval of Sumitomo’s olfactory trademark opens new possibilities for businesses seeking to protect non-visual brand elements. The ruling establishes that scents, when properly defined and represented, can now receive the same legal safeguards as traditional trademarks. This change expands the scope of intellectual property rights in India.
