German businesses protect a brand in India either by filing a national application at the Indian Trade Marks Registry or by designating India in an international application through WIPO under the Madrid Protocol, based on the German or EU mark. Both routes lead to examination in India. A national filing gives more control over Indian specifications and responses, while Madrid is simpler to manage alongside an existing portfolio.
- Document route
- German notary, pre-certification, then Indian mission attestation
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Law
- Trade Marks Act 1999 and Rules 2017
- Priority window
- 6 months from first filing abroad
Trademark Protection in India from Germany: how it works
We start with a search of the Indian register and the market. India follows the first-to-use principle, so a local business that has used a similar mark before your Indian filing may have rights even against a later registration. For a national filing, the applicant signs a simple authorisation for us as agent; no legalisation chain is needed for the application itself. If you want Paris Convention priority from a recent German or EU filing, the Indian application must be filed within six months of that first filing, with a certified copy of the priority document supplied.
Examination in India often produces an objection, either on distinctiveness or because of a similar earlier mark. Responses must be filed within the deadline and may lead to a hearing, which we attend by video or in person. After acceptance the mark is advertised in the Trade Marks Journal, and third parties may oppose it. For German companies, the commonest problems are descriptive German words that look distinctive in Europe but resemble English terms in India, and transliterations of the brand into Hindi or regional scripts that are filed by others.
What clients in Germany should know
- Consider registering the brand in Devanagari or another Indian script if you plan to advertise locally, as copycats often target transliterations.
- Indian customs can be asked to record your registered mark, which helps stop counterfeit goods at ports, but recordal requires an Indian registration first.
- Licences to an Indian subsidiary or distributor should be in writing and recorded with the Registry where appropriate, and royalty payments to Germany raise withholding tax and transfer pricing points under India's tax treaty with Germany.
Step by step from Germany
Video consultation
A call at a time that suits Germany, after we have read your documents.
Documents signed in Germany
German notary, pre-certification, then Indian mission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Germany where needed.
The full guide
This page covers what changes when you are in Germany. For the law, the documents and the step-by-step procedure, read our main page on Trademark Protection in India, or see all services for clients in Germany and the Doing Business in India practice area.
Questions from clients in Germany
Does our EU trade mark give us any rights in India?
No registration rights. You may have common-law rights based on reputation in India, but proving reputation is expensive and uncertain, so registration is the safer course.
Can we file in India in German?
No. Indian applications are filed in English or Hindi, with the specification of goods and services in English and a translation of any non-English word mark.
How long does registration take in India?
If there are no objections or oppositions, registration can follow in around a year or so. Objections and oppositions can extend this considerably.