Ishikaa Seth

The Controller General of Patents, Designs, and Trademarks (CGPDT), has recently accepted a smell mark under India's trademark regime, generating significant attention and commentary. This development, hailed as a “watershed” moment for non-traditional trademarks, presents an important opportunity to reassess whether or not the statutory framework in India is equipped to accommodate an olfactory mark.

Personality rights in India have erupted from judicial whispers into mainstream headlines. What was once restricted to celebrities is now alarming for the masses in light of increasing proliferation of deepfakes. The intermediaries run to dodge accountability, while the ordinary person finds their face weaponised without consent.

Trademark protection and luxury brands The Delhi High Court’s decision in Hermes International v. Macky Lifestyle Pvt. Ltd. (2025) represents a major development in Indian trademark jurisprudence, particularly from the perspective of protection granted to luxury brands renowned worldwide. The present dispute arose out of a trademark infringement suit filed by Hermes International, along with its Indian subsidiary, against Macky Lifestyle Private Limited.