A Japanese company can protect its mark in India by filing a national application through an Indian agent, or by designating India in an international application under the Madrid Protocol based on its Japanese registration or application. Marks in Japanese script should be filed together with the Roman script and any Hindi or regional form used in India. A simple authorisation signed in Japan is enough for direct filing, and priority can be claimed within six months of the Japanese filing.
- Document route
- Japanese notary (koshonin), then MOFA apostille
- Time difference
- IST is 3h30 behind Japan all year (no daylight saving)
- Law
- Trade Marks Act 1999 and Rules 2017
- Priority window
- 6 months from first filing abroad
Trademark Protection in India from Japan: how it works
We begin with clearance searches in the Indian register, looking for identical and similar marks, phonetic matches and existing pending applications by Indian traders. For Japanese brands we also search the transliterations Indian consumers actually use. We then advise on the route: Madrid is efficient for a portfolio already managed from Japan, while a national filing gives more control over the specification and a faster response to objections. For national filings, your company signs a form of authorisation, which does not usually need notarisation.
After filing, the Indian Registry issues an examination report, and we answer objections in writing or at a hearing by video. Accepted marks are published in the Trade Marks Journal for four months for oppositions. For Madrid designations, the Registry's provisional refusal must be answered through an Indian agent within the deadline. If someone has already filed your brand in India, we use oppositions, rectification and passing off actions based on your prior use and reputation, and we can seek recognition of a well-known mark where the evidence supports it.
What clients in Japan should know
- Japanese character marks are examined for their meaning and sound, so file a translation and transliteration to avoid later objections.
- Indian distributors of Japanese products sometimes register the brand in their own name; the distribution agreement should forbid that.
- Customs recording of a registered mark in India helps stop counterfeit imports of Japanese branded goods at the border.
Step by step from Japan
Video consultation
A call at a time that suits Japan, after we have read your documents.
Documents signed in Japan
Japanese notary (koshonin), then MOFA apostille
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 Japan where needed.
The full guide
This page covers what changes when you are in Japan. 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 Japan and the Doing Business in India practice area.
Questions from clients in Japan
Is a Japanese trademark registration valid in India?
No. Trademark rights are territorial, so the mark must be registered in India by national filing or a Madrid designation.
How long does an Indian registration last?
Ten years from the filing date, renewable for further ten-year periods.
Can we oppose an Indian application copying our Japanese brand?
Yes, within four months of its publication in the Trade Marks Journal, relying on your prior use, reputation and any earlier filing.