Finshots Daily What's a smell trademark, anyway?
5 snips
Nov 26, 2025 Dive into the quirky world of sensory trademarks with a fascinating case from the Japanese tyre-maker Sumitomo Rubber. Discover how they secured approval for a rose-scented tyre in India, a first of its kind, and explore the hurdles of trademarking scents. From legal definitions to global comparisons, get insights into what makes smell so rare in trademark law. Imagine the future where hotels and cars could carry their own signature fragrances! This unusual victory opens new doors for branding beyond visuals.
AI Snips
Chapters
Transcript
Episode notes
Large Dupe Market Exists Due To Legal Gaps
- A large shadow market for copycat fragrances exists because scent alone is hard to protect.
- This market thrives as brand owners lack legal recourse unless packaging or branding is copied.
Perfume Smells Are Usually Unprotectable
- Smell trademarks often fail when the scent is the product itself, like perfumes.
- That explains why inexpensive dupes of luxury fragrances are common and hard to stop legally.
Smell Can Be Trademarked If Shown Scientifically
- India requires a trademark to be graphically represented and distinctive to be registrable.
- Sumitomo turned an invisible scent into a measurable fingerprint to meet that rule.