India’s First Accepted Olfactory Trademark: Revisiting the Doctrine of Graphical Representation in Indian Trademark Jurisprudence

Introduction India’s first accepted olfactory trademark is a significant moment in Indian trademark law. The acceptance of Sumitomo Rubber Industries’ rose-scent application raises important questions about graphical representation, distinctiveness, and functionality, as well as the recognition of non-traditional trademarks under the Trade Marks Act, 1999. This article examines the challenges related to olfactory marks, referencing the landmark Sieckmann decision. It also analyzes how the...