A Hong Kong business can protect its brand in India by filing directly with the Indian Trade Marks Registry through an Indian agent, or through the Madrid Protocol if it holds a qualifying base registration. India follows a first-to-file approach for registration, while still recognising prior use and well-known marks, so filing early matters. A power of attorney signed in Hong Kong is enough for a direct filing; it does not usually need notarisation.
- Document route
- Hong Kong notary, then apostille from the High Court
- Time difference
- IST is 2h30 behind Hong Kong 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 Hong Kong: how it works
We begin with a search of the Indian register in the relevant classes, including transliterations and phonetically similar marks, since Indian examiners object to marks that sound alike. We then file in the classes that cover your actual and planned trade in India, often goods classes plus class 35 for wholesale and online sale. You sign a simple authorisation for us as agents in Hong Kong. If you want to claim priority from a Hong Kong or other application filed within the last six months, we file a certified copy of that application.
The Registry examines the application and often issues an examination report, which we answer in writing and, if needed, at a hearing by video. After acceptance the mark is advertised in the Trade Marks Journal for four months of opposition. Unopposed marks are registered and protected for ten years from filing, renewable. If an Indian distributor or competitor has already filed your mark, we can oppose it or seek rectification on the basis of prior use and the reputation of your brand, including use visible to Indian buyers through trade fairs and online sales.
What clients in Hong Kong should know
- A Hong Kong registration does not give rights in India on its own; each mark must be filed or designated for India separately.
- Hong Kong is not a separate Madrid member, so Hong Kong businesses using the Madrid route generally need a base registration in a member country where they qualify, such as mainland China.
- Distribution agreements with Indian partners should state clearly that the brand and any Indian registrations belong to the Hong Kong owner.
Step by step from Hong Kong
Video consultation
A call at a time that suits Hong Kong, after we have read your documents.
Documents signed in Hong Kong
Hong Kong notary, then apostille from the High Court
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 Hong Kong where needed.
The full guide
This page covers what changes when you are in Hong Kong. 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 Hong Kong and the Doing Business in India practice area.
Questions from clients in Hong Kong
How long does Indian trademark registration take?
Without objections or opposition, often around a year or more. Objections and oppositions can make it considerably longer.
Can I register a Chinese character mark in India?
Yes, with a transliteration and translation filed with the application. Protection usually also needs a separate filing for the Roman script form you use in India.
My Indian distributor registered my mark. What can I do?
You can oppose it if it is still in the advertisement period, or seek rectification and bring a passing off action if it is registered. Evidence of your earlier use and the distribution relationship is key.