A Belgian brand can be registered in India by designating India through the Madrid Protocol, usually based on a Benelux or EU trademark, or by filing directly with the Indian Trade Marks Registry through an Indian agent. Direct filing gives more control over goods descriptions and replies. Indian examination often raises objections, which are answered in writing or at a hearing, and the mark is then advertised for opposition before registration.
- Document route
- Notary, then apostille from FPS Foreign Affairs
- Time difference
- India is 3h30 (summer) to 4h30 (winter) ahead
- Law
- Trade Marks Act 1999 and Rules 2017
- Priority window
- 6 months from first filing abroad
Trademark Protection in India from Belgium: how it works
We search the Indian register for identical and similar marks in the relevant classes, including phonetic matches and marks in Indian scripts. A Benelux trademark or EU trademark can serve as the basis for a Madrid designation, but a refusal in India on a Madrid filing is still handled by an Indian agent. For direct filing we draft the specification in Indian classification practice and file with a simple authorisation from the Belgian company. Priority can be claimed within six months of your first Benelux or EU filing.
After filing, the examination report usually arrives within months. We reply to objections and attend hearings by video. Accepted marks are published in the Trade Marks Journal, and third parties have four months to oppose. Once registered, the mark is valid for ten years and renewable. Use in India should be documented, since a registered mark not used for five years can be removed. If an Indian importer has already registered your brand, we seek cancellation and may also bring a passing off action.
What clients in Belgium should know
- A Benelux registration does not protect your brand in India; each country is separate, and Indian rights depend on Indian filing or reputation.
- Distributors in India sometimes register a Belgian principal's mark in their own name; the distribution agreement should prohibit this.
- Geographical indications such as Belgian regional product names are protected differently and need separate advice.
Step by step from Belgium
Video consultation
A call at a time that suits Belgium, after we have read your documents.
Documents signed in Belgium
Notary, then apostille from FPS Foreign Affairs
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 Belgium where needed.
The full guide
This page covers what changes when you are in Belgium. 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 Belgium and the Doing Business in India practice area.
Questions from clients in Belgium
Can we register a logo and a word mark together?
They can be filed separately, which usually gives broader protection.
Are trademarks in Dutch or French accepted?
Yes, with a transliteration and translation provided in the application.
What happens if someone opposes our mark?
We file a counter-statement and evidence, and the Registry decides after a hearing.