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Set up & protect · Brand

Trademark registration in India for foreign companies

India protects the brand that registers first, not always the brand that is famous abroad. Here is how a foreign company files in India, whether to use the Madrid Protocol, and why to file before you announce your India entry.

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Last reviewed: November 2026 · Written and reviewed by CA Regi Tom Antony, FCA

In short: A foreign company registers a trademark in India under the Trade Marks Act, 1999, either by filing Form TM-A directly through an Indian trademark agent or advocate, or by designating India through the Madrid Protocol. It must give an address for service in India (rule 17, Trade Marks Rules, 2017), can claim its home filing date if it files within 6 months (section 154), and can ask for examination within 3 months (rule 34). Registration lasts 10 years and is renewable. File before announcing your India entry; Indian courts protect a foreign brand without registration only if it has proven goodwill in India.

Why should a foreign brand register in India before entering?

Brand squatting is a real risk once an India launch, distributor search or subsidiary incorporation becomes public. Without a registration, a foreign company has to prove that its brand already had goodwill among Indian customers. The Supreme Court applied this territorial test in Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries (2017): Toyota could not stop an Indian company using PRIUS because the car's reputation had not reached the Indian market when the Indian business began using the name.

A registration also keeps a second remedy open. Under section 16(1)(b) of the Companies Act, 2013, a registered trademark owner can apply within 3 years to have a company with a similar name ordered to change it.

Madrid Protocol or direct filing in India?

PointDirect Indian filing (TM-A)Madrid Protocol designating India
How you fileForm TM-A at the Indian Trade Marks Registry through an Indian agent or advocateInternational application through your home trademark office, designating India
Depends on home filingNo — stands on its ownYes — linked to the base mark for five years
SpeedExpedited examination available under rule 34Examined after the International Bureau notifies India
Best forIndia-specific brand strategy, quick protection, local wording or transliterationSame mark across several countries with central renewal
Indian representationNeeded from the startNeeded if India raises a provisional refusal

India joined the Madrid Protocol in 2013, and Chapter IVA of the Trade Marks Act, 1999 governs international registrations designating India. Many groups use Madrid for the core mark and file directly in India for a local-language version or a sub-brand.

Regi Tom Antony's view

I advise foreign clients to file the Indian trademark before they incorporate the subsidiary or sign a distributor, not after. Once the India plan is public, the brand is exposed. I also ask who should own the mark. Usually the parent keeps it and licenses it to the Indian company, but that creates a royalty, and the royalty brings transfer pricing and withholding tax with it. Get the brand ownership, the licence and the pricing right together, at the start.
— CA Regi Tom Antony, FCA, Managing Partner, Regi Tom Antony & Associates (est. 1997). Former Group CFO/COO for OSRAM/Siemens, Westcon and Comstor regional operations, where he set up and ran subsidiaries.

How does a foreign company register a trademark in India?

  1. 1

    Search the Indian register

    Search the Trade Marks Registry database for identical and similar marks in your classes, and check company names on the MCA register and Indian domain names.

  2. 2

    Choose classes and the filing route

    Pick the Nice classes for the goods and services you will sell in India, then choose a direct TM-A filing or a Madrid Protocol designation of India.

  3. 3

    File with an Indian address for service

    Appoint an Indian trademark agent or advocate by a signed authorisation, give an address for service in India under rule 17, and claim 6-month Paris Convention priority under section 154 if you have a recent home filing.

  4. 4

    Request expedited examination if timing matters

    Request expedited processing under rule 34; the application is then examined ordinarily within 3 months.

  5. 5

    Answer the examination report

    Reply to any objections on distinctiveness or conflicting marks, with evidence of use or reputation, and attend a hearing if one is fixed.

  6. 6

    Clear publication and register

    After acceptance the mark is advertised in the Trade Marks Journal; if no one opposes within 4 months, the mark proceeds to registration.

What does a foreign applicant need?

  • Applicant's legal name, country of incorporation and address, exactly as on the home registration
  • An address for service in India (rule 17) and an Indian trademark agent or advocate appointed by a signed authorisation (power of attorney)
  • A clear representation of the word mark or logo, and the goods and services by class
  • Priority documents if claiming the home filing date within 6 months
  • A user affidavit with evidence if claiming use in India before the filing date

Who should own the trademark: parent or Indian subsidiary?

Most groups keep the mark with the foreign parent and license it to the Indian subsidiary. The licence should be in writing, and the subsidiary can be recorded as a registered user. If the subsidiary pays a royalty, it is an international transaction under transfer pricing rules in sections 161 to 173 of the Income-tax Act, 2025 (formerly sections 92 to 92F of the 1961 Act), and tax is withheld under section 393 (formerly section 195), at the treaty rate where the parent qualifies. See transfer pricing for Indian subsidiaries and withholding tax on foreign remittances.

How do you keep the trademark protected after registration?

  • Use the mark in India: a mark unused for 5 years and three months can be removed under section 47
  • Renew every 10 years under section 25
  • Record the mark with Indian Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 to stop counterfeit imports
  • Watch the Trade Marks Journal and oppose similar marks within the opposition period
  • Consider a well-known trademark request under rule 124 once the brand has an established Indian reputation

Frequently asked questions

Can a foreign company register a trademark in India?
Yes. A foreign company or individual can apply to the Trade Marks Registry under the Trade Marks Act, 1999, either directly by filing Form TM-A through an Indian trademark agent or advocate, or by designating India in an international application under the Madrid Protocol. Rule 17 of the Trade Marks Rules, 2017 requires an applicant outside India to give an address for service in India.
Can a foreign company file an Indian trademark without visiting India?
Yes. Applications are filed online with the Trade Marks Registry through an Indian trademark agent or advocate, under a signed authorisation from the foreign company. No visit to India is needed, and hearings, if any, can be attended by the agent, including by video.
Should a foreign company use the Madrid Protocol or file directly in India?
Madrid suits a brand protecting the same mark in several countries at once, using its home registration as the base. A direct Indian filing suits a brand that needs India-specific wording, a quicker examination using expedited processing, or independence from the home application, which under Madrid can bring down the international registration if the base mark fails within five years.
How long does trademark registration in India take?
An unopposed application typically takes about a year or more from filing to registration, depending on examination objections and the Registry's backlog. Expedited processing under rule 34 of the Trade Marks Rules, 2017 has the application examined ordinarily within 3 months. After acceptance, the mark is advertised in the Trade Marks Journal and third parties have up to 4 months to oppose under section 21.
Can a foreign company claim priority from its home trademark application?
Yes. Under section 154 of the Trade Marks Act, 1999, an applicant from a Paris Convention or WTO country can claim the filing date of its home application if it files in India within 6 months of that date. This protects the brand against someone else filing the same mark in India in the meantime.
Does a foreign brand need to be used in India to be protected?
Registration does not require prior use in India; an application can be filed on a 'proposed to be used' basis. But a registered mark not used in India for a continuous period of 5 years and three months can be removed for non-use under section 47. Without registration, a foreign brand must prove its own goodwill in India to stop a copier, as the Supreme Court held in Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries (2017), where Toyota lost the PRIUS mark in India.
Should the trademark be owned by the parent company or the Indian subsidiary?
Usually the foreign parent owns the mark and licenses it to the Indian subsidiary, recorded as a registered user or by licence agreement. This keeps the brand with the group, but any royalty the subsidiary pays needs arm's-length transfer pricing and withholding tax under section 393 of the Income-tax Act, 2025 (formerly section 195 of the 1961 Act).
What if an Indian company is registered with a name similar to our trademark?
Under section 16(1)(b) of the Companies Act, 2013, the owner of a registered trademark can apply to the Central Government within 3 years of the other company's incorporation to have its name changed if it is identical with, or too nearly resembles, the registered mark. Registering the trademark early keeps this remedy available.
How long does an Indian trademark registration last?
Ten years from the date of application, under section 25 of the Trade Marks Act, 1999, renewable for further periods of 10 years each. Renewal can be applied for within the year before expiry.

Sources: Trade Marks Act, 1999, sections 16, 21, 25, 47 and 154 and Chapter IVA; Trade Marks Rules, 2017, rules 17, 34 and 124; WIPO Madrid System; Companies Act, 2013, section 16; Supreme Court of India, Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd (2017). Last reviewed: November 2026 · Reviewed by CA Regi Tom Antony, Regi Tom Antony & Associates. Filing is handled by a registered trademark agent or advocate; this page is general guidance.

Entering India with an established brand?

We plan brand ownership, licensing and transfer pricing alongside your India entry, and coordinate the filing with a registered trademark attorney.

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