The article “Beyond Smell: Prototype Or Facsimile? A Call For Legal Resort” by Ankita Singh, published on June 2, 2025, delves into the legal complexities surrounding the protection of scents as trademarks in India. It highlights the rising popularity of luxury perfumes from brands like Chanel, Dior, and Gucci, and the subsequent emergence of “dupes”—affordable alternatives that mimic these fragrances.

The piece discusses the challenges in protecting olfactory marks under current Indian trademark law, which primarily recognizes traditional marks such as words, logos, and symbols. It points out that the absence of provisions for non-traditional marks, including scents, creates a loophole that allows dupes to proliferate without infringing on trademark laws, provided they avoid using brand names and designs.

The article also examines international perspectives, noting that jurisdictions like the United States, the European Union, and the United Kingdom have begun to recognize and accommodate scent-based trademarks, albeit with stringent requirements. For instance, the U.S. Patent and Trademark Office requires proof that the scent is non-functional and has acquired distinctiveness to be eligible for trademark protection.

In conclusion, the author advocates for legal reforms in India to address the protection of olfactory marks, ensuring that brands can safeguard their unique fragrances and maintain their distinctiveness in the market.

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