Smell Marks And The Graphical Representation Requirement: A Critical Analysis On The Sumitomo Decision In India
- IJLLR Journal
- Dec 17, 2025
- 1 min read
Dr. Gulafroz Jan, Sr. Assistant Professor, Department of Law, School of Legal Studies, Central University of Kashmir
ABSTRACT
The acceptance of a rose-scented tyre as a trademark by the Indian Trade Marks Registry marks a significant development in the jurisprudence of unconventional trademarks. While the decision signals India’s willingness to engage with emerging forms of brand identification, it simultaneously exposes gaps in the doctrinal framework governing graphical representation, distinctiveness, and enforceability. This research paper critically evaluates the Sumitomo ruling and its implications for the future of scent marks in India.
I. Introduction
The landscape of trademark law has expanded beyond traditional indicators such as names, logos, and symbols to include non-conventional signs—colours, sounds, shapes, motions, and increasingly, scents. The registration of smell as a trademark is not always easy and becomes highly controversial all times andposes challanges on the count of distinctiveness and graphical representation. In India, the principal barrier to recognising smell marks has been the graphical representation requirement under Section 2(z)(b) of the Trade Marks Act, 1999.
A recent application by Sumitomo Rubber Industries Ltd., seeking registration for a rose-like scent applied to tyres, brought this issue to the forefront. The Registry’s decision to accept the mark represents a noteworthy departure from longstanding interpretive conservatism but raises substantive doctrinal and practical questions that remain unanswered.
