Smells like a first: India approves its debut scent trademark, opening new branding frontiers

India has made a pioneering move in trademark law by approving its first-ever scent trademark. This decision broadens the scope of what can be recognized as a unique brand asset under the Trade Marks Act, 1999. The trademark, granted to Sumitomo Rubber Industries Ltd., protects a rose-like floral fragrance used on tyres. This registration, processed by the Trade Marks Registry under the Controller General of Patents, Designs and Trade Marks (CGPDTM), a division of the DPIIT in the Ministry of Commerce and Industry, marks an important step forward in embracing non-traditional trademarks in India.

The decision is considered notable because olfactory marks have historically struggled to meet the legal requirement of graphical representation and distinctiveness. In this case, the applicant submitted a scientifically precise identification of the scent, including a technical olfactory profile and evidence of long-term use of the rose-like fragrance in connection with tyres, allowing the Registry to conclude that the smell was clearly and objectively represented and that it functioned as a unique identifier for the brand.

Why scent marks are hard to register

Scent trademarks are difficult to secure because trademark law traditionally requires a mark to be capable of clear, stable graphical representation, something inherently challenging for fragrances. Descriptions of smells can be subjective, and chemical formulas tend to capture the composition of a fragrance rather than the human sensory experience, creating gaps between laboratory notation and consumer perception; as a result, most jurisdictions have granted olfactory trademarks sparingly and in carefully delimited circumstances.

India’s first scent registration indicates that, with sufficient scientific documentation and proof of consumer association, olfactory marks can be accommodated within the existing statutory framework without rewriting the law. The case shows that authorities are willing to treat a carefully defined fragrance as a trademark, provided it meets the same standards of clarity and distinctiveness that apply to traditional word or logo marks.

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How can India’s first scent trademark affect brands

The acceptance of India’s first olfactory trademark opens new strategic opportunities for brand-building by formally recognising scent as a protectable element of brand identity. It allows companies to treat fragrance as a deliberate branding tool alongside visual logos, sound marks and trade dress, rather than as an unprotected aspect of customer experience, which is especially relevant for experience-driven sectors such as retail, hospitality, FMCG, automobile interiors and wellness products.

The development also strengthens intellectual property protection by enabling businesses to legally safeguard signature scents used in products or physical environments, reducing the risk of competitors imitating distinctive fragrances to create confusion or freeride on established goodwill. At the same time, the decision effectively sets a higher evidentiary threshold for future applicants: brands will need detailed technical or chemical characterisation of the scent, precise descriptions capable of serving as a graphical representation, and proof that consumers consistently associate the fragrance with a single commercial source.

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This policy shift is also likely to encourage experimentation with other non-traditional marks, such as colour, motion, pattern or hologram trademarks, as brand owners test the boundaries of what can be protected in India in line with global trends in sensory branding. For niche and premium sectors in particular, a recognisable scent can offer competitive differentiation by enhancing customer experience in ways that visual branding alone cannot achieve, though enforcement may be complex, potentially requiring laboratory comparisons, sensory testing and expert witnesses to establish infringement and thereby increasing compliance costs even as it deters casual imitation.

Notable olfactory trademarks around the world

• Hasbro’s Play-Doh: A registered scent mark covering Play-Doh’s distinctive fragrance, described in the registration record as a sweet, slightly musky vanilla-like aroma with additional notes that together create the familiar Play-Doh smell.
• Verizon Wireless Stores: A registered non-visual mark protecting a “flowery musk” fragrance used in Verizon Wireless retail outlets to create a consistent, recognisable in-store atmosphere.
• Bubble-Gum Scent for Footwear: A registered scent mark for “the scent of bubble gum” applied to certain footwear products, including shoes and sandals.
• Beer-Scented Darts: A historic UK trade mark registration for the “strong smell of bitter beer applied to flights for darts.”