Olfactory Trademarks In Modern IP Regimes: A Comparative Study Of Indian Law And International Approaches To Smell Mark Registration
- IJLLR Journal
- Dec 13, 2025
- 2 min read
Muhammed Hashim AK, Research Scholar, School of Law, Hindustan Institute of Technology & Science (HITS), Padur, Chennai, Tamil Nadu
Dr. K. Jameela, Assistant Professor, Senior Grade, School of Law, Hindustan Institute of Technology & Science (HITS), Padur, Chennai, Tamil Nadu
ABSTRACT
Olfactory trademarks, commonly known as smell marks, represent one of the most challenging and conceptually complex frontiers in global trademark law. Unlike traditional trademarks—which operate comfortably within visual and auditory realms through words, logos, shapes, symbols, and sounds—smell marks depend entirely on non-visual sensory perception. This reliance on the human sense of smell introduces layers of legal and practical difficulty that test the fundamental limits of distinctiveness, graphical or clear representation, objectivity, and the inherent subjectivity of olfactory experience. As a result, smell marks push trademark jurisprudence into areas where science, technology, and law intersect more sharply than ever before.
Around the world, legal systems have diverged significantly in their treatment of olfactory marks. Some jurisdictions, such as the United States, have adopted comparatively flexible approaches focusing on consumer perception rather than rigid representational forms, whereas others—most notably the European Union—have traditionally imposed strict representational requirements that render registration nearly impossible. Only a very small number of smell marks have ever been successfully registered globally, and the challenges of describing, storing, comparing, and examining scents continue to limit broader acceptance.
Against this backdrop, India’s recognition of its first smell trademark in 2025marks a landmark development in both sensory branding and trademark jurisprudence. The grant of registration to Sumitomo Rubber Industries Ltd. for a rose-like scent applied to tyres demonstrates not only the expanding scope of trademark protection in India but also the willingness of the Indian IP system to embrace scientific innovation. The acceptance of a seven-dimensional olfactory representation model developed by IIIT- Allahabad provides a groundbreaking method for satisfying the statutory requirement of graphical or clear representation—an obstacle that has historically prevented the successful registration of smell marks in most jurisdictions.
This article therefore undertakes a comprehensive comparative analysis of olfactory trademark regulation across India, the United States, the European Union, the United Kingdom, Australia, and other influential jurisdictions. It examines the doctrinal foundations of scent-based trademarks, the practical and evidentiary burdens placed on applicants, and the technological advances that may transform how scent is conceptualized within trademark systems. Finally, it proposes pathways for harmonizing global standards, addressing representational challenges, and enabling a coherent international framework for future olfactory mark protection.
