Abstract
This case comment analyses the Trade Marks Registry’s decision of permitting the registration of India’s first scent trademark, filed by Sumitomo Rubber Industries Ltd. for a “smell reminiscent of roses as applied to tyres”. This decision raises a key question concerning the graphical representation requirement under the Trade Marks Act, 1999. While the Registry accepted a seven-dimensional scientific vector model of the scent as sufficient graphical representation, the Order offers little engagement with the legal reasoning required to support such a departure from conventional understandings of graphical representation. Thus, this case comment attempts to doctrinally justify such an interpretive expansion by applying Samuel Yee Ching Leung’s framework on updating statutory interpretation in the context of technological changes.
Recommended Citation
Shinde, Siddhant
(2025)
"Reimagining Graphical Representation: A Case Comment on the Registration of India’s First Scent Trademark,"
Indian Journal of Law and Technology: Vol. 21:
Iss.
1, Article 3.
DOI: 10.55496/BEBD4571
Available at:
https://repository.nls.ac.in/ijlt/vol21/iss1/3
Digital Object Identifier (DOI)
10.55496/BEBD4571
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