Trademarking the Intangible-How India’s First Smell Mark Changes Brand Strategy

Post View Counter

Post Views : Loading...

In November 2025, something unprecedented happened in India. The Trademark Registry accepted its first smell mark, a rose fragrance on tyres from Japanese company Sumitomo Rubber Industries.

This decision opens more doors for flexible trademarks and non‑conventional trademarks like smells, sounds, shapes, and colors for India.

A smell is now legally protected as a trademark in India. For founders, this is a signal that the definition of “brand” is expanding. Your brand is no longer just your logo and name. It’s every sensory experience your customers have with your product.

The Rose Tyre Case

Sumitomo Rubber Industries has made tyres with a rose fragrance since 1995, a deliberate branding choice. When someone smells roses while driving, they know it’s a Sumitomo tyres.

But when Sumitomo filed for trademark protection in India, they hit a wall. The Trademarks Act, 1999, requires all marks to be “capable of being represented graphically.” You can draw a logo. You can show a photograph. But how do you draw a smell?

Previous attempts globally had failed. The EU rejected “fresh cut grass” for tennis balls because it lacked precise graphical representation. The US rejected Play-Doh’s scent for similar reasons.

The 7-Dimensional Vector Model

Sumitomo solved it scientifically. They worked with researchers from IIIT Allahabad to create a “7-dimensional olfactory vector model”, essentially a scientific fingerprint of the rose scent.

They measured the fragrance across seven dimensions:

Floral (high)- The dominant rose characteristic

Fruity (medium) – Subtle fruit undertones

Woody (low) – Base notes

Nutty (low) – Secondary characteristics

Pungent (low) – Sharp elements

Sweet (medium) – Sugar-like qualities

Minty (low) – Fresh undertones

Each dimension received a numeric weight. When plotted on a radar chart, this created a unique, visually representable “scent fingerprint.”

The Indian Trademark Registry accepted this scientific chart as valid graphical representation. On November 21, 2025, the smell mark was registered.

Why this matters: India became one of the first countries to successfully protect a smell mark using scientific precision.

Non‑Conventional Trademarks

Indian law does not restrict trademarks to traditional forms. The definition of “trademark” covers any sign that can be represented graphically and can distinguish goods or services. That includes:

Wordmarks (Brand names)

Device marks (logos)

Composite marks (name plus logo)

Shape marks (three‑dimensional forms)

Colour marks (specific colours or combinations, used distinctively)

Sound marks (audio signatures)

Smell marks (in exceptional situations where representation and distinctiveness are proven)

Courts and commentators have consistently emphasized two central filters for any trademark, conventional or non‑conventional:

Distinctiveness
The mark must indicate origin, not just describe the product. A purely descriptive sign lacks inherent distinctiveness unless it has acquired a secondary meaning through use and recognition.
Non‑functionality
The mark must not grant a monopoly over a functional aspect of the product. If a feature directly affects performance, quality, or cost, it is better suited to patent or design law, not trademark protection.

The Rose Tyre scent passes both filters. The rose fragrance is not necessary for the tyre to function, and it is an unusual, deliberate choice in that product category. That combination made it a strong candidate for trademark protection.

How Indian Startups Can Apply This.

The point is not that every startup should rush to file trademarks. Most businesses do not need that. The point is that you should stop limiting your thinking to “logo and name only”.

Here is a simple mental model you can use:

Step 1: Ask what people remember from your product experience.
Is it just the name? Or is it also the way it looks on the shelf, the sound it makes when opening the app, the way it feels or smells at first use?
Step 2: Ask which of those things are intentional.
Did you choose that sound, color, or feel on purpose? Do you want to build recognition around it for years?

Step 3: Ask whether it is common or special in your category.
If every brand in your space uses the same style or cue, it is not a strong trademark. If your choice is unusual, it is more promising.

If you can answer “yes, this is intentional and unusual and people remember it,” then that element is worth a basic trademark conversation with your legal advisor.

Most Indian startups will get 80–90% of the benefit just by:

Protecting their name and logo in the right classes

Protecting uniquely shaped packaging or visual identity where applicable

Being aware that other sensory elements can be protectable later, if they become central to the brand

Why Non‑Conventional Marks Matter for Serious Brands

The debate around non‑conventional trademarks has always revolved around tension between innovation and overreach. Critics worry that overprotection may restrict competition if basic elements of products become monopolized. Supporters argue that when a business invests in building distinctive sensory cues such as a sound or scent, those cues deserve protection just as much as logos.

For founders with long‑term brand ambitions, unconventional marks matter for three reasons:

Deeper brand recognition.
Modern brands compete in crowded markets. A distinctive audio cue, packaging shape, or even a scent can reinforce recognition more effectively than visuals alone, especially in contexts where customers do not have time to read or see.
Differentiation that is hard to clone.
Product features can be reverse‑engineered. A name can sometimes be mimicked with minor variations. A carefully constructed sensory identity that is protected by trademark law is harder to copy without legal risk.
Stronger negotiation power.
A portfolio that includes conventional and non‑conventional trademarks signals seriousness about IP. This can influence investor perception, licensing negotiations, and even litigation outcomes. It shows that the brand is treated as a business asset, not just a marketing afterthought.

FAQ's

Can a single brand element be protected by multiple IP rights

Yes. A logo, for example, can be protected by both copyright (as an artistic work) and trademark (as a badge of origin). A product shape might be protected initially as a design and later, if it becomes strongly associated with the source, as a shape trademark.

Does filing a trademark automatically protect the brand worldwide?

No. Trademark rights are country specific. Registration in India protects the mark only in India. International protection usually requires filing in other jurisdictions directly or through systems like the Madrid Protocol.

How long does it usually take to secure a trademark registration in India?

For a straightforward word or logo mark without objections or opposition, the process can take around 12-18 months. Complex cases, including non‑conventional marks or contested applications, can take longer.

Conclusion

At The Startup Zone, we help founders identify and protect the unique “intent” behind their brands. We don’t just register trademarks, we help you build defensible business models through comprehensive IP strategy.

Whether you’re exploring smell marks, sound marks, or traditional trademark protection, our team combines legal expertise with founder-friendly guidance.

What we offer:

Brand IP audit: Comprehensive review of all protectable elements

Trademark strategy: Customized protection plans for your stage

Non-traditional mark filing: Expert guidance on smell, sound, shape marks

Enforcement support: Monitoring and protection of registered marks

Book a free 30-minute brand protection consultation today.

Let’s discuss your brand’s hidden assets and how to protect them legally.

Schedule Your Call Now

Subscribe to our weekly legal insights for case studies, updates, and practical tips

Join 5,000+ Founders (need subscribe list)

This article is for informational purposes only and does not constitute legal advice. For specific guidance on trademark registration, please consult an intellectual property attorney.

Connect With Our Experts

Name*

Mobile*

Email*

Choose Your Services

Referrer URL

GCLID

Captcha validation failed. If you are not a robot then please try again.

About The Author

The StartUp Zone (One More Light AI Private Limited) promotion on Google Ads focuses on providing consultancy services through our private portal (https://thestartupzone.in/), and our targeting of keywords related to government documents and services is incidental to understanding client needs, rather than promoting such documents or services directly. Our portal (https://thestartupzone.in/) does not represent any affiliation or association with any government authority or body. We emphasize to our users that we are a private company managing this website, and any fees collected are for consultancy services rendered.

The StartUp Zone (StartUp Zone Financial Planning and Advisories Private Limited) promotion on Google Ads focuses on providing consultancy services through our private portal (https://thestartupzone.in/), and our targeting of keywords related to government documents and services is incidental to understanding client needs, rather than promoting such documents or services directly. Our portal (https://thestartupzone.in/) does not represent any affiliation or association with any government authority or body. We emphasize to our users that we are a private company managing this website, and any fees collected are for consultancy services rendered.