Cyril Amarchand Mangaldas Advised Sumitomo Rubber Industries Ltd. On First Smell Mark Acceptance In India
Cyril Amarchand Mangaldas Advised Sumitomo Rubber Industries Ltd. on First Smell Mark Acceptance in India
The leading law firm in India, Cyril Amarchand Mangaldas (CAM) advised Sumitomo Rubber Industries Ltd. in relation to the prosecution of its smell mark application in India.
Trade mark application No. 5860303 was filed by Sumitomo Rubber Industries Ltd., Japan, seeking registration of the trademark “FLORAL FRAGRANCE / SMELL REMINISCENT OF ROSES AS APPLIED TO TYRES” on March 23, 2023, in Class 12 – “tyres for vehicles” – on a proposed-to-be-used basis. This represents the first smell mark application in India.
The application was initially objected under Sections 9(1)(a) and 2(zb) of the Trade Marks Act, 1999 for lacking distinctiveness and not being supported by a graphical representation. Mr. Pravin Anand was appointed as amicus curiae to assist the Registry and submitted a supporting scientific report to establish the distinctiveness of the mark.
On November 21, 2025, the Controller General of Patents, Designs and Trade Marks accepted the trade mark application, holding that it satisfies the criteria laid down for registration under the Trade Marks Act, 1999. The Registry was directed to advertise the trade mark under Section 20 as an ‘olfactory mark’, along with the graphical representation and description submitted by the Applicant. This decision represents the first acceptance of a smell mark application in India and marks a significant step towards recognizing non-conventional trademarks in India.
The CAM team was led by Swati Sharma (Partner, Head – Intellectual Property) and Revanta Mathur (Partner), with support from Sannat Chandna (PA – Designate).
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