Roses on Rubber: Inside Sumitomo's Groundbreaking Olfactory Trademark in India, The Science of Scents in IP: How Mathematical Vectographs Cleared India's Trademark Registry

For more than a century, the concept of a "mark" under Indian law was based on what could be seen: words, logos, colours, or shapes. On 21 November 2025, the Trade Marks Registry quietly changed this. In an order issued by Controller General Prof. Unnat P. Pandit, the Registry approved Application No.5860303, submitted by Sumitomo Rubber Industries Ltd., Japan, for a "Floral Fragrance/Smell Reminiscent of Roses as Applied to Tyres." This marked the first time India recognized an olfactory trademark, or a smell-based mark. It may seem like a new and unusual development. But it is not. The decision challenges a long-standing doubt in trademark law: how can something that cannot be seen be registered?