Sorry, Not All Roses Smell The Same: A Critical Look At The Decision In Sumitomo's Smell Mark Application

type

Essay

source publication

Livelaw

Abstract

Across the globe, there have been many attempts to monopolise scents through trade mark law. Smell marks or olfactory marks are generally considered as non-conventional trademarks and belong to a growing list that also includes sound and taste marks. Through a decision released last week, the Controller General of Patents, Designs and Trademarks has allowed the grant of smell mark protection to a company named Sumitomo, which claims to have infused a rose-like floral fragrance into its tyres.

Year

11-24-2025

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