Smell Trademarks in India: Meaning, Validity & Legal Status

Trademarks in India are evolving beyond words and logos. Brands now focus on how consumers feel, remember, and experience a product. Take smell trademark, for instance. A smell trademark protects a distinctive scent that identifies a product or service, adding a new dimension to trademark registration. 

India’s recognition of its first odor trademark (Sumitomo Rubber’s rose-like fragrance embedded in tires) now extends the legal framework to cover sensory branding.

This blog explains smell trademarks in India, including their legal basis, registration process, challenges, and business applications.

What is a Smell Trademark in India?

A smell trademark, or olfactory trademark, protects a scent crucial in identifying a brand. That’s right, instead of logos or words, it uses fragrance as a source indicator. When consumers associate a scent with a brand, that scent serves as a trademark.

Smell trademarks are part of non-traditional types, which also include sound, color, shape, and motion marks. Unlike visual marks, scents appeal directly to memory and emotion, creating a lasting impression.

However, not every smell mark qualifies as a trademark in India. The scent must meet certain legal requirements and must:

• Be distinctive and recognizable to consumers
• Not arise naturally from the product
• Not serve a functional or technical purpose
• Act solely as a brand identifier

This makes olfactory trademarks a useful option for brands that want to stand out through a unique sensory experience.

Legal Framework of Smell Trademarks in India

Different types of trademarks in India, including smell trademarks, are governed by the Trade Marks Act, 1999. Although the Act does not expressly mention smell marks, it allows registration of non-traditional trademarks.

Sections of the Act that are relevant are:

• Section 2(1)(zb): A mark should be capable of graphical representation and distinguish goods or services.
• Section 9(1): No mark that is not distinctive or describes the goods or services is registrable.
• Doctrine of functionality / Non-functionality principle: Smells cannot be used for a technical or practical purpose.

The most significant challenge is to show a graphic representation. Smells are intangible and lack visual representation. Therefore, all applications should include a clear and definitive description or provide a scientific method to objectively represent and identify the smell. The Trade Mark Registry examines whether the smell functions as a brand identifier or as a feature of the goods or services.

Some other well-known methods used for representing a smell are:

• A written description of the scent.
• The chemical composition or scent profile.
• Scientific or digital models of a smell that comprehensively measure various attributes of the scent.

India looks at the global principles to evaluate odor trademarks. Acceptance of the first smell trademark by the Registry indicates that the law is flexible enough to work in the modern era.

India’s First Registered Smell Trademark: Sumitomo’s Rose Fragrance Trademark

In November 2025, India approved its first smell trademark by Sumitomo Rubber Industries Ltd. The mark covers a rose-like floral fragrance added to tires (Class 12).

The scent does not occur naturally in tires. Sumitomo added it solely for brand recognition. It does not improve performance or mask odors.

Key points of the mark:

• Applicant: Sumitomo Rubber Industries Ltd.
• Mark: Rose-like floral scent
• Goods: Tires
• Class: Class 12
• Approval: November 2025
• Purpose: To identify the brand and not a functionality

The Trade Marks Registry accepted the mark after it found the scent distinctive and adequately represented. Scientific modeling helped satisfy the graphical representation requirement. This landmark case clarifies how Indian authorities assess scent trademark applications. This case also clarifies that a non-functional scent can be used as a source identifier.

Proving Distinctiveness and Non-Functionality of Smell Trademarks in India

Distinctiveness is the non-negotiable requirement for registration of a smell trademark. The scent must serve as a brand identifier and cannot be a generic smell associated with the product.

Often, applicants must demonstrate acquired distinctiveness. In other words, they must prove that consumers associate the scent with only one brand. Evidence includes sales, marketing, and/or consumer surveys.

Note that trademark law does not protect functional smells. The scent cannot improve the performance of the product or mask an undesirable odor.

The scent must:

• Not having arisen naturally from the product
• Not increase utility or quality
• Only exists to identify the brand

All of these points are illustrated by the Sumitomo case. The rose fragrance was artificial, non-functional, and uniquely identified the brand, thus allowing registration.

Global Perspective on Smell Trademarks

Smell trademarks are recognized in several countries, but the standards vary widely:

Jurisdiction	Legal Recognition	Representation Standard	Practical Outcome
India	Recognized through interpretation	Scientific or objective description	First approval in 2025
United States	Recognized under U.S. Lanham Act interpretations	Proof of distinctiveness and non-functionality	Limited but established
European Union	Allowed with strict limits	Clear and precise scientific representation	Very few registrations
United Kingdom	Recognized	High clarity and distinctiveness required	Rare registrations
Australia	Recognized	Objective description needed	Limited acceptance

This indicates that most jurisdictions only permit scent marks if they are distinctive, non-functional, and clearly represented. These strict regulationshave limited the successful registration of smell trademarks worldwide.

India could learn a lot from these jurisdictions. The country can set clear guidelines and consistent scientific thresholds. It can also adopt best practices on consumer evidence to enhance predictability and transparency for future applicants.

Looking to protect a unique sensory element of your brand? RegisterKaro can help you assess distinctiveness, prepare technical documentation, and handle the entire smell trademark registration process with expert legal guidance. Contact us today to safeguard your brand’s sensory identity with confidence.

Key Industries That Can Benefit from Registering Smell Trademarks

By using smell trademarks, businesses can make themselves memorable to customers. Various industries can benefit from using this type of trademark. Some are:

• Perfumes and Cosmetics: Signature scent helps cosmetics and perfume brands build identity and differentiate products.
• Food and Beverage: Unique smells in packaged goods such as chocolate, coffee, or spices can be great identifiers for your brands.
• Automotive and Lifestyle Products: A distinctive odor in car tires, interiors, or other accessories can make your brand instantly recognizable among customers.
• Luxury Hotels and Retail: Unique smells in stores, lobbies, or luxury hotels make the experiences you offer memorable.
• Wellness and Personal Care: Aroma of lotions, soaps, or aromatherapy products can help customers associate your brand with a scent.

By protecting their signature and unique scent, these industries can strengthen their brand image, prevent others from copying their products, and enhance consumer loyalty.

Practical Challenges of Smell Trademark Registration and How to Overcome Them

Incorporating such a novel idea as a smell trademark in India requires looking at the practical challenges that come with it. Smell is intangible, subjective, and hard to represent, which makes its registration challenging. Some difficulties and their solutions are:

• Subjectivity of perception: People perceive the same scent differently. Conduct consumer surveys to show that the majority of the target audience links the scent to the brand.
• Graphical representation: Smells lack a visual form. Use scientific tools such as chemical formulas or olfactory mapping to describe the scent objectively.
• Distinctiveness: Proving a scent works as a brand identifier is difficult. Submit evidence of long-term use, brand promotion, and consumer recognition.
• Non-functionality: A scent must not mask odors or enhance performance. Add the fragrance only for branding and support this with expert reports.
• Cost and expertise: Scientific documentation and legal filing require skill and investment. Work with experienced IP professionals and fragrance experts to avoid errors.

Addressing each challenge with a clear solution can help increase the chances of a brand securing protection for its smell trademark.

RegisterKaro helps brands overcome the practical challenges of smell trademark registration. Our team prepares strong evidence, coordinates with technical experts, and ensures clear scientific and legal documentation. We focus on accuracy, compliance, and clarity to improve approval chances for non-traditional trademarks like smell marks.

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