First-ever Scent/Smell Trademark Approved in India — What It Means for Sensory Branding

In a landmark decision dated November 21, 2025, India’s Trademark Registry accepted the country’s first-ever olfactory (smell) trademark — a “rose-like floral fragrance” applied to tyres — filed by Sumitomo Rubber Industries Ltd. (The Indian Express)

Until now, trademarks in India and most jurisdictions have mainly covered visual or textual marks: logos, wordmarks, shapes and colours. Smell marks have been regarded as non-traditional and notoriously hard to register because they must satisfy the requirement of graphical representation. (Bar and Bench - Indian Legal news)

In this case, Sumitomo overcame those hurdles by providing a scientific, multidimensional graphical depiction of the scent, along with evidence that the rose-like fragrance has been used in its tyres since 1995. The Registry referred to it as one of the “rarest applications”, signalling a paradigm shift in trademark practice. (The Indian Express)

For brands and entrepreneurs, this opens up a powerful new dimension for differentiation. Sectors such as personal care, hospitality, luxury goods and automotive accessories can now think in terms of protectable scent signatures alongside logos and packaging.

A distinctive, protected fragrance can become a long-term intangible asset — helping build recall, emotional connection and product distinctiveness in crowded markets.

The precedent also broadens the canvas for small businesses and startups. From scented candles and perfumed products to boutique hotels or customised manufacturing, smaller players can explore whether a consistent scent could be part of their defensible brand.

For consultants and IP advisors, including your planned Accovance Advisors offering, this is a clear opportunity to expand services from traditional marks into non-traditional and sensory branding strategy.

Strategically, this decision is another signal that India’s IP regime is evolving in line with global innovation. Companies that understand and act on these shifts early — by experimenting with sensory elements and protecting them properly — can secure a meaningful brand edge.