Following the movie Scent of a Woman, we now have "Scent of a Brand."

Recently, there has been a significant development in Indian trademark law: the Indian Trademark Registry has accepted a scent mark application for the first time and has recently approved it for publication.

This scent mark is the "rose-scented tire-specific fragrance" trademark submitted by Sumitomo Rubber Industries, Ltd. of Japan in 2023, applied for registration under Class 12 for tire-related goods. The trademark application went through several twists and turns, initially rejected on grounds of lack of distinctiveness and failure to meet the "graphical representation" requirement. Subsequently, the applicant submitted a scientific support report, objectively and scientifically demonstrating that the trademark possesses distinctiveness and meets the graphical representation requirement. Ultimately, it was approved and published as a "scent mark."

Unlike traditional trademarks that rely on visual or auditory recognition, scent marks require consumers to identify the source of goods or services through their sense of smell. Although scent marks have gained recognition in certain jurisdictions, they are not yet accepted for registration in China.

As market competition intensifies and consumer habits evolve, the types of trademarks are becoming increasingly diverse. The emergence of non-traditional trademarks enriches the forms of commercial identifiers but also poses new challenges to existing examination rules.

References:
https://ipr.mofcom.gov.cn/article/gjxw/gbhj/yzqt/yd/202406/1986447.html