A Chinese company can register its trademark in India directly or through the Madrid Protocol, to which both countries belong, and claim priority within six months of its first filing in China. Registration usually takes one to two years if unopposed. Unregistered marks can still be protected against passing off, and registered marks against infringement and counterfeits.
- Document route
- Chinese notary office and apostille, or Indian mission attestation
- Time difference
- IST is 2h30 behind China all year
- Law
- Trade Marks Act 1999 and Rules 2017
- Priority window
- 6 months from first filing abroad
Trademark Protection in India from China: how it works
We run a clearance search, advise on classes and on transliteration of Chinese names, and file the application or the Madrid designation. We respond to examination reports, attend hearings and handle oppositions from third parties.
Where a distributor or squatter has filed your mark, we oppose or seek cancellation and rely on prior use and bad faith. For infringement and counterfeits, we send notices, file suits for injunctions in the commercial courts and work with customs to stop imports.
For e-commerce sales in India, we also use the takedown procedures of the major marketplaces against listings that copy your brand, which is often faster than litigation.
What clients in China should know
- File in India before launching or appointing a distributor.
- Make sure distributor agreements state that the brand belongs to you.
- Record your registration with Indian customs to stop counterfeit imports.
Step by step from China
Video consultation
A call at a time that suits China, after we have read your documents.
Documents signed in China
Chinese notary office and apostille, or 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 China where needed.
The full guide
This page covers what changes when you are in China. 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 China and the Doing Business in India practice area.
Questions from clients in China
Can we use the Madrid Protocol for India?
Yes, both China and India are members.
Our distributor registered our mark. Can we get it back?
Often yes, through opposition or cancellation, especially with proof of prior use and bad faith.
How long does registration take?
Usually one to two years if unopposed.
Can you remove counterfeit listings on Indian marketplaces?
Yes, using the platforms' intellectual property complaint processes, backed by your registration.