Trademark Registration for a Foreign Company in India (2026)

Written by CA Nandini Hasija, Krystal7 Consultants. Last updated 23 October 2026.

A foreign company can register its trademark in India in two ways. It can file Form TM-A with the Trade Marks Registry through an Indian agent, at INR 9,000 per class online. Or it can designate India in a Madrid Protocol application through its home office, paying WIPO CHF 83 per class for India. Both routes give the same ten year protection under the Trade Marks Act, 1999.

This page compares the two routes and walks through classes, use claims, timelines, opposition, fees and enforcement. It ends with how to assign or license the mark to an Indian subsidiary.

How does a foreign company register a trademark in India?

A foreign company files a national application on Form TM-A under section 18 of the Trade Marks Act, 1999. Or it files a Madrid Protocol application that designates India. The first route runs entirely in India. The second runs through the home trademark office and WIPO, with India examining the designation under Chapter IVA of the Act.

Either way, the Trade Marks Registry examines the mark against the same tests. Section 9 covers absolute grounds such as descriptiveness. Section 11 covers conflicts with earlier marks. A mark that passes is advertised in the Trade Marks Journal and is open to opposition before it registers.

India deposited its instrument of accession on 8 Apr 2013, and the Madrid Protocol took effect for India on 8 Jul 2013 (WIPO Madrid notice 14/2013). India declared an 18 month period to refuse protection and chose to collect an individual fee. It also declared that international registrations made before 8 Jul 2013 cannot be extended to India by subsequent designation.

India is a busy Madrid office. In 2025, India received 12,297 designations and was the ninth most designated member. It issued 3,686 refusals in the same year (WIPO Madrid Yearly Review 2026, presented by WIPO on 16 Jul 2026).

Which route should a foreign brand choose, direct filing or the Madrid Protocol?

Choose Madrid when India is one of several countries and the home application or registration is stable. Choose a direct Form TM-A filing when India is the main market or the mark may draw objections. A direct filing also suits a home application that could still be refused. Many brands use both: Madrid for most countries and a direct filing in India.

Point of difference	Direct filing on Form TM-A	Madrid designation of India
Where you file	Trade Marks Registry, online, through an Indian agent	Home trademark office, then WIPO
Official fee for India	INR 9,000 per class online for a company	CHF 83 per class individual fee, plus the WIPO basic fee
WIPO basic fee	None	CHF 653 (black and white) or CHF 903 (colour) per international application
Indian agent needed at filing	Yes, in practice, plus an Indian address for service	No; needed only to reply to a provisional refusal or an opposition
Specification of goods and services	Drafted for Indian practice	Follows the international registration; India may narrow it
Dependency on home mark	None	Protection ceases if the basic mark falls within five years (section 36E(8))
Time limit for refusal	No fixed refusal period; registration targeted within 18 months (section 23(1))	India must notify refusal within 18 months (section 36E(2))
Registration certificate	Indian certificate on Form RG-2 (rule 56)	Statement of grant of protection sent to WIPO (rule 69(8))
Best fit	India is the main market, or the mark is new and untested	India is one of many countries and the home mark is settled

Fees: Trade Marks Rules, 2017, First Schedule, on the IP India fees page; WIPO basic fee and individual fee table (updated 17 Oct 2026). WIPO individual fees move with exchange rates, so check the table on the day you file.

The dependency point matters most. If the home mark is refused or cancelled within five years of the international registration, Indian protection falls with it. Section 36E(8) covers this for India as the designated office. Article 9quinquies of the Protocol allows transformation into a national application. Rule 71 of the Trade Marks Rules, 2017 applies it where the office of origin has the international registration cancelled. Transformation still costs a fresh Indian filing.

What does a direct filing on Form TM-A need?

A direct filing needs an image of the mark, the applicant's details, the classes and a specification. It also needs a user claim or a "proposed to be used" statement, and an agent authorisation. The applicant must give an address for service in India under rule 17.

Section 145 of the Act lets an agent act for the applicant. The Registry's Draft Manual of Trade Marks Practice and Procedure has a foreword dated 30 Jun 2026. Its para 1.13.2 lists who may act: a legal practitioner, a registered trade marks agent, or a person in the principal's sole and regular employment (draft manual). Rule 19(1) requires the authorisation on Form TM-M.

Item	What we ask the foreign company for	Rule or section
Applicant details	Exact legal name, country of incorporation, legal form, registered address	Rule 23 and Form TM-A
Address for service in India	Agent's postal address in India and an email address	Rule 17(1)
Agent authorisation	Signed authorisation on Form TM-M, stamped as the state stamp law requires	Rule 19(1), section 145
Representation of the mark	Clear image, no larger than 8 cm by 8 cm	Rule 26(1)
Classes and specification	Nice classes and a list of goods or services in plain terms	Rule 20, section 18(2)
User claim	Date of first use in India, or "proposed to be used"	Rule 25(1)
Affidavit of use	Affidavit with dated invoices, advertisements or website captures from India, if use is claimed	Rule 25(2)
Priority claim	Country, date and number of the first application in a convention country, filed within the six month Paris Convention period	Form TM-A, item 10
Startup or small enterprise status	Declaration, only if claiming the lower INR 4,500 fee	Rule 2 definitions

A power of attorney executed abroad must carry Indian stamp duty. The rate depends on the state, and IP India publishes a state wise table with a note to verify the current rate.

The lower fee of INR 4,500 per class applies to an individual, a startup or a small enterprise. Rule 2 defines a foreign startup as an entity meeting the Startup India turnover and incorporation tests that files a declaration. Most established foreign companies pay INR 9,000.

How do classes work, and how many should a foreign brand file in?

India uses the current edition of the Nice Classification under rule 20(1), which has 34 classes for goods and 11 for services. The 13th edition (NCL 13-2026) took effect on 1 Jan 2026 (WIPO notice). One Form TM-A can cover any number of classes (section 18(2), rule 23(4)). The fee is charged per class.

File in the classes where you sell now and where you will sell in the next five years. Section 47 opens a mark to removal after five years of non use from registration. A long wish list of classes therefore creates a weak register entry. For a software company, the usual core is class 9 for downloadable software and class 42 for SaaS and development. Class 35 follows if the company sells business services. A consumer brand adds the goods classes and class 35 for retail.

Write the specification in plain terms. In our experience, broad class headings draw more objections than a precise list. Indian examiners also cite earlier marks across related classes, so run a search on the Registry's public search before you file.

Should you claim use in India or file on a "proposed to be used" basis?

Claim use only if you can prove use in India from the date you give. Rule 25(2) requires an affidavit with supporting documents for any use claimed before the filing date. A foreign brand with no Indian sales should file as "proposed to be used", which carries no evidence burden at filing.

Use claims matter in disputes. An earlier Indian user date helps against a later filer, and section 34 protects a continuous prior user against the registered proprietor. Form TM-A also notes that the use statement is final once made. Use outside India does not count as use in India. In Toyota Jidosha Kabushiki Kaisha v Prius Auto Industries Ltd (14 Dec 2017), the Supreme Court held that trademark rights are territorial. A foreign owner relying on reputation must show goodwill among Indian consumers.

We base the user date on the earliest Indian invoice, Indian website sales or Indian marketing we can document. Website captures alone are weak evidence if they show no Indian customers.

How long does trademark registration take in India?

The Act sets a target, not a guarantee. Section 23(1), as amended by the Trade Marks (Amendment) Act, 2010, asks the Registrar to register an unopposed mark within 18 months of filing. Expedited examination under rule 34, on Form TM-M, is ordinarily completed within three months of the request.

Stage	What happens	Time limit and source
Filing	Form TM-A filed online; application number issued the same day	Rule 23
Examination	Examiner issues an examination report or accepts	Rule 33(1); expedited ordinarily within 3 months (rule 34)
Reply to examination report	Written reply with arguments or amendments	Within 1 month, or the application may be treated as abandoned (rule 33(4))
Show cause hearing	Hearing if the reply does not clear the objection	Notice period set in the hearing notice
Advertisement	Published in the Trade Marks Journal	Rule 39
Opposition window	Any person may oppose on Form TM-O	4 months from the Journal date (section 21(1), rule 42)
Registration	Certificate on Form RG-2 if no opposition	Target 18 months from filing (section 23(1)); rule 56

Real waiting times depend on the Registry's workload and on objections. We do not quote a fixed month count to clients, because neither the Act nor the Registry publishes a guaranteed figure.

Expedited examination costs INR 40,000 per class for a company (First Schedule, entry 7). An individual, startup or small enterprise pays INR 20,000. It speeds up examination. It cannot shorten the four month opposition window.

How does a Madrid designation of India work?

WIPO sends the international registration to India. Rule 69(1) says the Registry ordinarily examines it within two months of receiving the advice. If the Registry objects, it sends a provisional refusal to WIPO, which must reach WIPO within 18 months under section 36E(2). If it has no objection, rule 69(3) says it ordinarily advertises the mark within six months.

The holder must reply to a provisional refusal through an agent or representative with an address in India. The Registry's Madrid guidelines set the reply period at one month from receipt (TMR Madrid guidelines, Annexure 7). The holder may support the reply with an affidavit of prior use in India. The refusal notice itself states the deadline, so read it on the day it arrives.

An opposition after advertisement is also sent to WIPO as a provisional refusal (rule 69(4)). If protection is granted, the Registry sends a statement of grant (rule 69(8)). Under section 36F, protection runs from the date of the international registration as if the mark were registered in India. Section 36G sets a ten year term with renewal through WIPO.

A holder with an Indian national registration for the same mark can ask the Registrar to note the international registration in its place (rule 73). Article 4bis of the Protocol keeps the rights acquired under the earlier national registration.

What happens if someone opposes the mark?

An opponent has four months from the Journal date to file Form TM-O (section 21(1) as amended in 2010, and rule 42). The applicant then has two months from receiving the notice to file a counter statement (rule 44). If the applicant misses this date, the application is treated as abandoned.

Step	Party	Time limit	Rule
Notice of opposition	Opponent	4 months from the Journal date	Rule 42
Counter statement	Applicant	2 months from receipt of the notice	Rule 44
Evidence in support of opposition	Opponent	2 months from service of the counter statement	Rule 45
Evidence in support of application	Applicant	2 months from receipt of the opponent's evidence	Rule 46
Evidence in reply	Opponent	1 month from receipt of the applicant's evidence	Rule 47
Hearing and decision	Registrar	Fixed by notice after evidence closes	Hearing notice from the Registry

Missing the opponent's evidence deadline counts as abandoning the opposition (rule 45). Missing the applicant's evidence deadline counts as abandoning the application (rule 46). Docket these dates the day the notice arrives, because the Act treats the counter statement deadline strictly.

The official fee for a notice of opposition or a counter statement is INR 2,700 per class online (First Schedule, entry 2).

What does trademark registration cost in India?

The official fee for a company filing online is INR 9,000 per class on Form TM-A. Opposition, renewal and recordal fees follow the same First Schedule. Agent fees are separate and vary by firm, so the table shows official fees only.

Action	Form	Individual, startup or small enterprise (INR, online)	Others, including foreign companies (INR, online)
Application, per class	TM-A	4,500	9,000
Notice of opposition or counter statement, per class	TM-O	2,700	2,700
Expedited examination, per class	TM-M	20,000	40,000
Renewal, per class	TM-R	9,000	9,000
Renewal surcharge within six months after expiry, per class	TM-R	4,500	4,500
Recordal of assignment, per mark	TM-P	9,000	9,000
Registered user application, per mark	TM-U	4,500	4,500
Search and certificate under rule 22	TM-C	9,000	9,000
Extension of time, certified copy and similar requests	TM-M	900	900
Request to enter the list of well known marks	TM-M	1,00,000	1,00,000

Source: Trade Marks Rules, 2017, First Schedule, IP India forms and fees page, checked on 23 Oct 2026. Paper filings cost more, for example INR 10,000 instead of INR 9,000 per class for Form TM-A.

Before you appoint an agent, you can compare providers in our guide to top trademark registration services in India.

How long does protection last and what keeps it alive?

A registration lasts ten years from the filing date and can be renewed for further ten year periods (section 25). Rule 57 lets the owner renew on Form TM-R up to one year before expiry. Section 25(3) gives six months after expiry with a surcharge, and section 25(4) allows restoration within one year after expiry.

Use keeps the registration safe. Section 47 lets an aggrieved person seek removal after five continuous years of non use from registration. The five years are measured up to three months before the removal application. For a foreign brand that sells in India only through a subsidiary or distributor, the licensee's use is what counts.

Section 48(2) treats "permitted use" as use by the proprietor. Under section 2(1)(r), permitted use covers a registered user. It also covers an unrecorded licensee using the mark with the proprietor's written consent. So the parent needs a written licence with its Indian subsidiary, even if the licence is royalty free.

How does a foreign brand enforce its trademark in India?

A registered owner sues for infringement under section 29. An unregistered owner can still sue for passing off, which section 27(2) preserves. Section 134(2) lets the plaintiff sue where it actually and voluntarily resides or carries on business. Section 135 provides injunctions, damages or an account of profits, and delivery up of infringing goods.

Criminal remedies sit in Chapter XII. Section 103 punishes applying a false trademark with imprisonment of six months up to three years. The fine runs from INR 50,000 up to INR 2,00,000. Section 104 applies the same penalty to selling goods or providing services under a false mark. These are the bands as enacted in 1999. Check the note on the Jan Vishwas Act under "What changed in 2026" before you rely on them in a complaint.

A registered user can sue in its own name under section 52, subject to the licence agreement, joining the proprietor as a defendant. An unrecorded permitted user cannot sue for infringement (section 53). If you want the Indian subsidiary to lead enforcement, record it as a registered user on Form TM-U.

A well known mark gets protection across unrelated goods (section 11(6) to (9)). The owner can ask the Registrar to list the mark as well known, on Form TM-M, for INR 1,00,000. Section 11(9) stops the Registrar from requiring use or registration in India as a condition.

Should the Indian subsidiary own the mark, or should the parent license it?

We usually advise the parent to keep the mark and license it to the Indian subsidiary. A licence keeps one owner across countries, keeps the brand safe if the subsidiary is sold or closed, and lets the parent charge a royalty. An assignment suits a local brand created for India or a group that wants the Indian company to hold Indian IP.

For a licence, sign a written agreement. It should name the marks and the goods and services, and set quality control, the term and the royalty. Recording the subsidiary as a registered user is optional. If you record it, file Form TM-U jointly within six months of the agreement (rule 86(3)), at INR 4,500 per mark.

For an assignment, the new owner applies to record its title on Form TM-P under section 45 (rule 75). The Registrar ordinarily disposes of the request within three months (rule 76(2)). An assignment without goodwill takes effect only once the assignee applies to the Registrar and advertises it within six months (section 42). Until the title is recorded, the assignment deed cannot be used as proof of title except as section 45(2) allows. State stamp duty applies to the deed.

An assignment is a sale. The parent may owe Indian tax on the gain. The price must meet the arm's length test under the transfer pricing provisions. The AD bank will want the deed and the tax forms before it remits the price. Read our IP assignment and licensing service page for how we structure these deeds. Logos, software and product shapes need more than a trademark, so see our batch guides to copyright and design registration and patent filing in India.

How is a royalty from the Indian subsidiary taxed?

A trademark royalty from an Indian company to a foreign parent is deemed to accrue in India under section 9 of the Income Tax Act, 2025. The subsidiary deducts tax under section 393(2), serial 17, which covers payments to non residents. It applies the Act rate or the treaty rate, whichever is lower.

The Act rate is 20 percent under section 207(2), which replaces section 115A of the Income Tax Act, 1961. The agreement must meet that section's conditions. Surcharge and 4 percent cess apply on top for a foreign company. Surcharge is 2 percent where the parent's Indian income exceeds INR 1 crore and 5 percent above INR 10 crore. A treaty rate needs a tax residency certificate and Form 41 (old Form 10F) under section 159.

Parent's country	Treaty rate on trademark royalties	Notes
United States	15%	10% applies to equipment rental royalties only
United Kingdom	15%	10% applies to equipment rental royalties only
Singapore	10%
United Arab Emirates	10%
Germany	10%
Japan	10%
Netherlands	10%
France	10%
Switzerland	10%
Mauritius	15%
Act rate (no treaty claim)	20% plus surcharge and cess	Section 207(2)

Source: Income Tax Department, Tax Rates, DTAA v Income Tax Act, checked on 23 Oct 2026. Read the royalty article of the treaty itself before you apply a rate, including any limitation of benefits clause. India and France signed a protocol to their treaty in New Delhi on 18 Feb 2026, so check whether it is in force before you apply the France rate. See our guides to the India US treaty, Form 10F and the TRC and TDS on payments to non residents.

Before each remittance, the subsidiary files Form 145 (old 15CA). Where the rules require it, a chartered accountant issues Form 146 (old 15CB) (our Form 145 and 146 guide). It deposits the TDS by the 7th of the next month (rule 218(2)) and reports it in the quarterly Form 144 (old 27Q). A royalty on which TDS is not deducted and paid risks disallowance as an expense under section 35(b)(ii).

GST also applies. A trademark licence from a foreign parent is an import of services. It falls under service code 997336, "Licensing services for the right to use trademarks and franchises" (CBIC scheme of classification). The Indian subsidiary pays IGST under reverse charge and can usually take input tax credit. The rate comes from the heading 9973 entries in Notification 11/2017-Central Tax (Rate). That notification was amended for the service rate changes that took effect on 22 Sep 2025 (PIB, 3 Sep 2025). Check two entries in its current text on the CBIC tax information portal: the one for permitting the use of IP rights in respect of goods, and the one for other licensing services. Apply the rate of the entry that fits your licence. Our batch guide on GST reverse charge on services from a parent covers the mechanics. A royalty free licence between related parties can still be a supply under Schedule I of the CGST Act, so check the valuation.

Transfer pricing is the third layer. The royalty is an international transaction with an associated enterprise under sections 161 to 173 of the Income Tax Act, 2025. The subsidiary needs a benchmark for the rate. It also needs an accountant's report on Form 48 (old Form 3CEB) under section 172, due one month before the return due date (rule 85). See our guides to transfer pricing documentation and Form 3CEB.

What changed in 2026

Area	Old position	Position on 23 Oct 2026	Date	Instrument
Nice Classification	12th edition	13th edition (NCL 13-2026)	1 Jan 2026	WIPO Nice Classification
TDS on royalty to a non resident	Section 195, Income Tax Act, 1961	Section 393(2), serial 17	1 Apr 2026	Income Tax Act, 2025
Rate on royalty for a non resident	Section 115A, 20%	Section 207(2), 20%	1 Apr 2026	Income Tax Act, 2025
Treaty claim form	Form 10F	Form 41	1 Apr 2026	Income Tax Rules, 2026
Remittance forms	Forms 15CA and 15CB	Forms 145 and 146	1 Apr 2026	Income Tax Rules, 2026
Transfer pricing report	Form 3CEB	Form 48	1 Apr 2026	Income Tax Rules, 2026
Practice guidance	Older draft manual on IP India	New Draft Manual of Trade Marks Practice and Procedure	30 Jun 2026 (foreword)	Office of the CGPDTM

On our reading of the IP India pages on 23 Oct 2026, the trademark fees did not change in 2026.

This page was first published on 21 Feb 2026. Since then, the Jan Vishwas (Amendment of Provisions) Bill, 2026 passed both Houses by 2 Apr 2026 (PIB, 2 Apr 2026). PIB says it amends 784 provisions across 79 Central Acts. It received assent on 7 Apr 2026 as the Jan Vishwas (Amendment of Provisions) Act, 2026 (No. 8 of 2026). The Gazette of India published it on 8 Apr 2026. Each amendment starts on a date the Central Government notifies, and the dates can differ from Act to Act. DPIIT notified the Patents Act entry from 1 Jun 2026 (S.O. 2846(E)) and the Copyright Act entry from 15 Jun 2026 (S.O. 2875(E)). We found no similar notification for the Trade Marks Act. We could not confirm from an official copy whether its Schedule amends the Trade Marks Act, 1999. Before you rely on the offence provisions in Chapter XII, check the Schedule to Act No. 8 of 2026 and any commencement notification on egazette.gov.in.

Worked example

Scenario 1: a US software company choosing a route

A Delaware company sells a SaaS product. It wants protection in India for its word mark in classes 9, 35 and 42. India is its only foreign market for now.

1. Direct filing: 3 classes at INR 9,000 each comes to INR 27,000 in official fees.
2. Madrid filing with India as the only designation: the WIPO basic fee is CHF 653 for a black and white mark. The India individual fee is 3 classes at CHF 83, which is CHF 249. The WIPO total is CHF 902, plus the US office's handling fee.
3. Our view: with India as the only target, the direct route costs less in official fees. It also avoids the five year dependency on the US application. If the company later adds the EU, UK and Japan, a Madrid application with a later designation of India becomes the better fit.

Scenario 2: a royalty from the Indian subsidiary

The company's Indian subsidiary earns revenue of INR 10,00,00,000 in the tax year 2026-27. It pays the parent a 3 percent trademark royalty, which is INR 30,00,000.

1. Treaty route: the India US treaty rate for this royalty is 15 percent. TDS is INR 30,00,000 x 15% = INR 4,50,000. The subsidiary remits INR 25,50,000 to the parent.
2. No treaty claim: the Act rate is 20 percent. The parent's Indian income of INR 30,00,000 is below INR 1 crore, so no surcharge applies. Cess at 4 percent makes the rate 20.8 percent. TDS is INR 30,00,000 x 20.8% = INR 6,24,000.
3. The treaty claim saves INR 1,74,000, provided the parent gives a TRC and Form 41 before the payment.
4. GST: the subsidiary pays IGST under reverse charge on INR 30,00,000 at the rate for the licence. It claims the same amount as input tax credit if it makes taxable supplies.
5. Transfer pricing: the subsidiary keeps a benchmark showing that 3 percent is within the arm's length range, and reports the royalty on Form 48.

Common mistakes

1. Filing only through Madrid while the home application is still under examination. If the home office refuses it within five years, India falls too. Fix: file directly in India when the home mark is new.
2. Claiming a use date based on sales outside India. Rule 25(2) asks for evidence, and foreign use is not use in India. Fix: file as "proposed to be used" unless you hold Indian invoices or marketing from that date.
3. Letting the Indian subsidiary use the mark with no written licence. Section 48(2) protects the parent only for permitted use under a written agreement. Fix: sign a licence, royalty free if needed.
4. Missing the one month reply to an examination report or a provisional refusal. Rule 33(4) lets the Registrar treat the application as abandoned. Fix: give the agent a standing instruction and a decision maker who replies within a week.
5. Missing the two month counter statement deadline in an opposition. The application is then treated as abandoned. Fix: docket the date when the notice is served.
6. Paying a royalty without TDS or without Forms 145 and 146. The expense risks disallowance under section 35(b)(ii) and the bank will hold the remittance. Fix: complete the tax forms before the payment run.
7. Assigning the mark to the subsidiary without goodwill and without advertisement. Section 42 delays the assignment's effect until the assignee applies and advertises within six months. Fix: assign with goodwill where possible, and record it on Form TM-P.
8. Filing in every class to block competitors. Unused classes are open to removal after five years under section 47. Fix: file in classes you use or will use soon.

Checklist

1. Search the Indian register and the market for conflicting marks before you choose a route.
2. Decide between direct filing and Madrid, based on how settled the home mark is and how many countries you need.
3. Appoint an Indian agent and sign the Form TM-M authorisation, with Indian stamp duty paid.
4. Give an address for service in India and a monitored email address under rule 17.
5. Draft the class list and a plain specification of goods and services.
6. Choose "proposed to be used" or a dated user claim, and prepare the rule 25(2) affidavit if you claim use.
7. File Form TM-A and pay INR 9,000 per class, or file the Madrid application through your home office.
8. Track the examination report and reply within one month.
9. Watch the Trade Marks Journal date and the four month opposition window.
10. File a counter statement within two months if anyone opposes.
11. Sign a written licence with the Indian subsidiary, and file Form TM-U within six months if you want it recorded.
12. Set up TDS, Forms 145 and 146, GST reverse charge and a transfer pricing benchmark before the first royalty payment.
13. Diarise renewal on Form TM-R up to one year before the tenth anniversary of filing.

To have us run the filing, email the mark, the classes and your home filing details to [email protected], or see our trademark registration service.

Frequently Asked Questions

Can a foreign company apply for a trademark in India without an Indian entity?+

Yes. Section 18 of the Trade Marks Act, 1999 lets any person claiming to be the proprietor apply, wherever it is based. A foreign company files Form TM-A through an agent under section 145, or designates India through the Madrid Protocol. It does not need an Indian subsidiary, but it must give an address for service in India under rule 17.

What is the official fee for a foreign company filing Form TM-A?+

The fee is INR 9,000 per class for an online filing and INR 10,000 per class on paper, under the First Schedule to the Trade Marks Rules, 2017. A foreign entity that meets the Startup India turnover and age tests and files the declaration pays INR 4,500 per class online. Agent fees are extra.

How much does it cost to designate India under the Madrid Protocol?+

India charges an individual fee of CHF 83 per class, according to WIPO's individual fee table updated on 17 Oct 2026. The applicant also pays WIPO's basic fee of CHF 653 for a black and white mark or CHF 903 for colour, once per international application, plus any handling fee charged by its home office.

How long does India take to refuse a Madrid designation?+

India declared an 18 month refusal period when it joined the Madrid Protocol on 8 Jul 2013. Section 36E of the Trade Marks Act, 1999 requires the Registrar to notify any provisional refusal to WIPO within 18 months of receiving the advice. Under India's declaration, a refusal based on an opposition may still be notified after the 18 months end.

Do I need an Indian agent for a Madrid designation?+

Not at filing. You need one if India issues a provisional refusal or if someone opposes the mark. The Trade Marks Registry's Madrid guidelines say the reply must be filed through an agent or representative with an address in India, and they set one month from receipt to reply.

Can I claim my foreign use date on Form TM-A?+

No. The user claim on Form TM-A should reflect use in India, and rule 25(2) of the Trade Marks Rules, 2017 requires an affidavit and documents for any use claimed before filing. Use abroad can still help prove reputation in an opposition or a passing off case, but trademark rights in India are territorial.

How long is the opposition period for a trademark in India?+

Four months from the date of the Trade Marks Journal that advertises the mark. Section 21(1) of the Trade Marks Act, 1999, as amended in 2010, and rule 42 of the Trade Marks Rules, 2017 set this period. An opponent files Form TM-O at INR 2,700 per class online.

What happens if I miss the counter statement deadline?+

Rule 44 of the Trade Marks Rules, 2017 gives the applicant two months from receiving the notice of opposition to file a counter statement on Form TM-O. If the applicant does not file it in time, section 21(2) of the Act treats the application as abandoned. Docket the date the moment the notice is served.

How long does a trademark registration last in India?+

Ten years from the date of the application, under section 25 of the Trade Marks Act, 1999, renewable for further ten year periods on Form TM-R at INR 9,000 per class online. Rule 57 lets you renew up to one year before expiry. A late renewal within six months of expiry needs a surcharge.

Can the Indian subsidiary use the parent's trademark without a licence?+

It can use it in practice, but the parent loses legal cover. Section 48(2) treats only permitted use under a written agreement, or use by a registered user, as use by the proprietor. Without a written licence, the parent's registration is exposed to removal for non use under section 47 after five years.

Do I have to record the licence with the Trade Marks Registry?+

No, recording is optional. A written licence is enough to count as permitted use under section 2(1)(r). Recording the subsidiary as a registered user on Form TM-U lets it sue for infringement in its own name under section 52. The joint application must be filed within six months of the agreement under rule 86(3).

How do I transfer a trademark to my Indian subsidiary?+

Sign a written assignment deed, pay state stamp duty, and have the subsidiary file Form TM-P to record its title under section 45 of the Trade Marks Act, 1999, at INR 9,000 per mark online. If the assignment is without goodwill, section 42 also requires the assignee to apply to the Registrar and advertise it within six months.

What TDS applies to a trademark royalty paid to a foreign parent?+

The Indian company deducts tax under section 393(2) of the Income Tax Act, 2025. The Act rate is 20 percent under section 207(2), plus surcharge and cess. A treaty rate, such as 15 percent under the India US treaty or 10 percent under the India Singapore treaty, applies if the parent gives a TRC and Form 41.

Is GST payable on a trademark royalty paid to a foreign parent?+

Yes. A trademark licence from a foreign parent is an import of services, classified under service code 997336. The Indian subsidiary pays IGST under reverse charge and can normally claim input tax credit for it. Check the rate for the licence under Notification 11/2017-Central Tax (Rate), as amended for the changes effective 22 Sep 2025.

Can a foreign brand get its mark declared well known in India?+

Yes. The owner files a request on Form TM-M with a fee of INR 1,00,000 and evidence of reputation, under section 11(6) to (9) of the Trade Marks Act, 1999. Section 11(9) stops the Registrar from requiring use or registration in India as a condition. A court order finding the mark well known also counts under section 11(8).

Sources

• Office of the CGPDTM, Trade Marks Act, 1999 (text on IP India), https://ipindia.gov.in/tm-act-1999
• Office of the CGPDTM, Trade Marks Rules, 2017 (text on IP India), https://ipindia.gov.in/tm-rules-2017
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