🇮🇳 India · reviewed 2026-10-09
Trademarks and IP for franchisors in India
India protects whoever used a mark first, even against a later registration. For a foreign brand with no Indian sales yet, that makes an early filing and a search for local look-alikes the first legal step, ahead of any partner search.
Prior use and registration
- Under section 34 of the Trade Marks Act 1999, a registered owner cannot stop a third party's continuous prior use that began before the owner's own use or registration, whichever is earlier. Foreign franchisors should register before launch and check for local prior users. Secondary · Lakshmikumaran & Sridharan on prior use
- The Madrid Protocol took effect for India on 8 July 2013, with an 18-month refusal period. International registrations made before that date cannot be extended to India. Official · WIPO, India joins the Madrid System, 2013-04-08
Licensing the mark
- Recording a franchisee as a registered user is optional. Use under a written licence is still 'permitted use', which counts as use by the owner and protects the mark against cancellation for non-use. Secondary · Mondaq on registered and permitted users
Checklist before you sign an Indian partner
- Search the Indian register and the market for prior users of a similar name before announcing the brand.
- File the mark in India directly or by designating India through Madrid.
- Put the licence in writing, with quality-control rights, so the franchisee's use counts as yours.
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