A Swiss company can protect its mark in India either by designating India in an international application under the Madrid Protocol, filed through the Swiss Federal Institute of Intellectual Property, or by filing directly with the Indian Trade Marks Registry through an Indian attorney. Direct filing gives more control over class descriptions and responses. Either way, objections from the Indian examiner are answered by an Indian agent, and the mark is published for opposition before registration.
- Document route
- Swiss notary, then apostille from the cantonal State Chancellery
- 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 Switzerland: how it works
We search the Indian register for identical and similar marks, including transliterations into Hindi and other scripts, which matter for watch, food and consumer brands. We then advise whether to file through Madrid or directly, and draft class specifications that match how the products are actually sold in India. A simple power of attorney authorising the Indian agent is signed by the Swiss company; the Trade Marks Registry does not require it to be notarised. If you claim Swiss priority, the Indian filing must be made within six months of the Swiss application.
After examination, the Registry often raises objections based on earlier marks or descriptiveness. We file a reply and attend hearings by video. Once accepted, the mark is advertised in the Trade Marks Journal for four months for third-party opposition. Registration lasts ten years and can be renewed. If a local party has already filed your mark, we oppose or seek cancellation, relying on Swiss and international use and, where justified, a claim that the mark is well known in India.
What clients in Switzerland should know
- Swiss origin claims such as Swiss made are regulated under Swiss law; in India, misuse is usually tackled through passing off and trademark actions.
- Indian customs can record registered trademarks to stop counterfeit imports, which is useful for Swiss watch and luxury brands.
- Licensing the mark to an Indian subsidiary should be documented, both for trademark use and for royalty payments under the tax treaty.
Step by step from Switzerland
Video consultation
A call at a time that suits Switzerland, after we have read your documents.
Documents signed in Switzerland
Swiss notary, then apostille from the cantonal State Chancellery
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 Switzerland where needed.
The full guide
This page covers what changes when you are in Switzerland. 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 Switzerland and the Doing Business in India practice area.
Questions from clients in Switzerland
Is Madrid or direct filing better for India?
Madrid is cheaper when filing in many countries at once. Direct filing gives more flexibility in India and is often preferred for key marks.
How long does registration take?
If there are no objections or oppositions, often around twelve to eighteen months. Contested marks take longer.
Can we stop a copycat before our mark is registered?
Yes, through a passing off action based on reputation, though registration makes enforcement much easier.