01/12/2025
The application, filed by Sumitomo Rubber in 2023, sought protection for a roselike floral fragrance applied to tyres. India has overtaken developed nations and set a new global gold standard with the graphic representation of protecting scents as trademarks.
India has overtaken developed nations and set a new global gold standard with the graphic representation of protecting scents as trademarks. ``The graphical representation of smell marks is first time captured in deciding the olfactory trademarks.This is a fusion of science and law to raise the standards for more authentic decisions than mere statements’’, Unnat P Pandit, the Controller General of Patents, Designs and Trade Marks, told TOI.
``The trade mark in question satisfies the criteria laid down for registration under the Trade Marks Act, 1999, as it is clear, precise, self-contained, intelligible, objective and is represented graphically,’’ Pandit, said in a recent order accessed by TOI.
The Registry appointed senior IP practitioner Pravin Anand, managing partner of Anand and Anand, as amicus curiae, while Sumitomo was represented by Cyril Amarchand Mangaldas. The graphical representation was prepared by IIT Allahabad.
``Non-conventional trademarks represent the natural next stage in the evolution of brand identity. As markets develop, consumers form associations not only through visual cues but also through sound, movement, shape, and scent. For India, recognising these marks is important not simply to keep pace with global practice, but because it reflects the adaptability of our statutory framework ’’, Anand said.
This decision demonstrates that Indian trademark law is capable of accommodating new and complex forms of brand identity when supported by rigorous scientific and legal evidence’’, he added.