The Indian statute requires all trademarks including non-traditional marks to be capable of graphical representation. Historically, this single requirement has defeated every attempt at protecting olfactory marks.
In this case, however, the applicant submitted a groundbreaking scientific visualisation developed at the Indian Institute of Information Technology, Allahabad, and adopted by the amicus. This model, reproduced below, depicts the rose-like scent as a vector in seven-dimensional olfactory space, corresponding to seven fundamental scent categories: floral, fruity, woody, nutty, pungent, sweet, and minty.
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