How to Register a Trademark in India from Malaysia? – Complete Guide for Foreign Applicants

Last Updated on June 10, 2026

As organisations begin exploring international markets, brand identity preservation has emerged as an essential component of successful globalisation. In particular, for entrepreneurs from Malaysia who are seeking to enter or operate in India, the trademark registration process will be critical. India is receptive to foreign individuals and corporations seeking trademark registration in the country and does not require that such applications come only from entities with actual business operations in India. Indeed, the trademark registration process enables applicants to protect their brand identity through the exclusive rights conferred by the registered trademark and to prevent imitation or infringement by competitors.

Furthermore, trademark registration is important for brand exposure and enhances the company’s credibility. The trademark registration process involves conducting a trademark search, determining the correct class, and finally filing an application in accordance with the requirements for examination and publication.

What is a Trademark?

A trademark is a distinctive mark, symbol, word, logo, phrase, design, or combination of all these that is used for the purpose of identifying and distinguishing one business entity’s products or services from those of its competitors.

A trademark is a significant intellectual property asset that facilitates brand identification by associating it with a specific producer or specific standards.

Thus, registering a trademark entitles the trademark owner to exclusive rights to use the mark in connection with the registered goods or services. Furthermore, this helps add to a brand’s value in the long run.

Can I Register a Trademark in India From Malaysia?

• Malaysian applicants can register their trademarks in India and enjoy the same rights as local applicants.
• No need for a business presence in India – It is not mandatory to establish a corporation or branch office in India for obtaining trademark registration for your mark.
• Application submission options – You can submit your application yourself or through the help of a lawyer or agent in India.
• Types of trademark registration – Marks such as word marks, logos, slogans, brand names, symbols, or other identifiers of a firm can be registered in India.
• Exclusive rights in India – With trademark registration, you will get exclusive rights to use the mark for designated products/services in India.
• Increased legal protection against infringement – Trademark registration helps you legally protect your mark from any unauthorised imitation.
• Boost your business presence – Registration of trademarks helps Malaysian companies establish themselves in the Indian market.

India’s Trademark Law and International Applicants: Paris Convention & Madrid Protocol

India has built its trademark framework to be accessible to foreign applicants, not just domestic businesses. Two international agreements make this possible for Malaysian applicants specifically.

The first is the Paris Convention for the Protection of Industrial Property, of which both India and Malaysia are member countries. Under this convention, if you have already filed a trademark application in Malaysia, you are entitled to claim that original filing date as your “priority date” when you subsequently file in India, provided your Indian application is submitted within six months of the Malaysian one. This is a significant advantage. It means that even if another party files a similar mark in India after your Malaysian filing date, your rights can still be traced back to the earlier date, putting you ahead in any dispute.

The second is the Madrid Protocol, an international system administered by WIPO that allows applicants to seek trademark protection in multiple countries through a single application filed in their home country. Malaysian businesses can use this route by filing through MyIPO (the Intellectual Property Corporation of Malaysia). However, many legal practitioners recommend filing directly through India’s IP India portal for applicants primarily focused on the Indian market, as it offers greater control over the prosecution process and how objections are handled.

Understanding which route suits your business — direct filing or the Madrid route—depends on factors like budget, timeline, and whether you are simultaneously seeking protection in other countries. A qualified trademark attorney can help evaluate this.

Requirements for Registering a Trademark in India From Malaysia

1. Applicant Details: The applicant has to provide full information, which includes his/her name, nationality, residential address, e-mail, and contact phone number.
2. Trademark Representation: The applicant should present a graphic presentation or illustration of the trademark. It can be in the form of the word trademark, a sign, a symbol, and a slogan, or any combination of those.
3. Description of Goods/Services: The applicant has to state the type of goods/services for which he/she needs to register the trademark and select the appropriate class using the Nice classification list.
4. Identity and Address: Individuals may need to submit proof of identity as well as proof of Malaysian address such as a passport or any government document.
5. Business Registration Certificates: Where the person making the application for a trademark registration is either a corporate body, partnership firm, or even an individual proprietorship business, copies of their business registration certificates would be required.
6. Power of Attorney/Authorisation Letter: For persons applying for trademark registration through the services of an Indian trademark lawyer or agent, one would need to submit an authorised power of attorney or authorisation letter that enables them to file on your behalf.
7. Proof of Use (If Any): If the trademark has already been used by you in India, then you can provide invoices, marketing materials, product packaging, website pages, or other proof in this regard.
8. Priority Documents (If Any): Persons who seek priority for trademark rights in India as per previous international application could submit relevant documentation in this regard.

Note for Foreign Entities: Foreign entities must submit a passport (apostilled) or incorporation certificate (apostilled) as part of their documentation. Ensure all documents are apostilled or notarised as required before submission.

Registering a Trademark in India From Malaysia: Step-by-step Process

1. Carry out a search for your trademark

• Start by searching the Indian Trademark Registry database to see if your trademark already exists.
• This way, you reduce objections and increase the chances of registration.

2. Choose the right trademark class

• Decide on the appropriate class based on the Nice Classification.
• Choosing the correct trademark class is important as it will help protect you in the chosen business industry.

3. Gather all relevant documentation

Include personal information about the applicant, proof of address, trademark design, company information (if any), and a power of attorney signed by the applicant.

4. Apply for a Trademark Registration

• Complete your trademark application using Form TM-A on the Indian Trademark Registry website (ipindia.gov.in).
• Applicants from Malaysia can file their application directly or with a trademark agent/attorney.

5. Application Examination

The Trademarks Registry will examine the application to determine whether it meets all legal requirements.

6. Answering to Objections (if any)

If there are any objections, the applicant will have to address them and attend hearings to argue their case regarding the trademark registration.

7. Trademark published in the Trademark Journal

If everything goes according to plans, then the trademark will be published in the Trademark Journal.

8. Registration and Issue of Certificate

If there is no opposition, or any opposition made has been resolved, the trademark will be registered, and a certificate of registration will be issued.

Government Fees for Trademark Registration in India (2026)

Before starting the trademark registration process, Malaysian applicants should have a clear picture of what it will cost. India’s trademark fees are set under the Trade Marks Rules, 2017, and are charged per class of goods or services — not as a flat rate for the entire application.

Filing Fee Structure:

Applicant Category	Online Filing (Per Class)	Physical Filing (Per Class)
Individual / Sole Proprietor	₹4,500	₹5,000
Company / LLP / Foreign Entity	₹9,000	₹10,000

For Malaysian applicants filing as individuals, the lower fee bracket applies. Malaysian companies, however, fall under the higher slab. Since fees multiply with each additional class, it is worth being precise about which classes genuinely cover your business activities before filing; adding unnecessary classes increases cost without adding meaningful protection.

Online filing is the standard and recommended method. It is not only more affordable but also faster, generates an immediate digital acknowledgement, and allows you to track your application status on the IP India portal at any stage.

For applicants who need a quicker examination turnaround, an expedited examination option exists under the Trade Marks Rules, available at an additional fee. This does not guarantee registration, but it does move your file ahead in the examination queue useful if you are launching in the Indian market within a defined timeline.

Professional or agent fees are separate from government fees and will depend on the scope of service you engage.

Want to know the exact government fees and total trademark registration cost? Read our complete Trademark Registration Cost Breakdown Guide.

Timeline For Trademark Registration From Malaysia

One of the most practical questions any applicant has is: how long will this take? The honest answer is that the full trademark registration process in India typically runs between 12 to 18 months when the application proceeds without significant opposition or objection. If oppositions are filed after publication, the timeline can extend to 24 months or more.

Here is a stage-by-stage breakdown:

Stage	Typical Duration
Trademark search and preparation	2–5 days
Filing of application (Form TM-A)	Same day via online portal
Issuance of examination report	2–4 months
Filing reply to examination objections (if raised)	1–2 months
Acceptance and publication in Trademark Journal	1–2 months post-acceptance
Opposition window (open to public)	4 months from publication date
Issue of registration certificate	1–3 months (if no opposition)

An important point Malaysian applicants should note: from the day you file your application, you are legally entitled to use the ™ symbol alongside your trademark in India. The ® symbol can only be used after the registration certificate is officially issued. This distinction matters: using ® before registration is a legal violation under Indian trademark law.

If your business launch in India is time-sensitive, discuss the expedited examination route with your trademark agent before filing.

Validity and Renewal of Trademark in India

A trademark registered in India does not last indefinitely; by default, it must be maintained. Upon successful registration, the trademark is valid for 10 years from the date of filing of the original application (not from the date the certificate is issued). This is an important distinction, as the filing date and the registration date are often months apart.

Renewal is straightforward: it is done by filing Form TM-R before the expiry of the current registration period. Trademark owners are advised to initiate the renewal process at least six months before the expiry date. There is a grace period available for late renewal, but it attracts additional fees. A trademark that is allowed to lapse entirely cannot simply be reinstated; it must go through fresh registration, which means losing the original filing date and all the seniority that came with it.

There is no upper limit on how many times a trademark can be renewed. Many established Indian brands have maintained the same trademark registration for several decades through successive renewals. For a Malaysian business investing in the Indian market, treating trademark renewal as a routine annual compliance task rather than addressing it only at expiry is the sensible approach.

Kanakkupillai can assist with both initial registration and long-term trademark renewal management, ensuring your trademark protection in India never lapses.

Register Your Trademark With Kanakkupillai

For trademark registration requirements, pick KANAKKUPILLAI. Our experts can provide all the necessary help, including research, documentation, filing the application, and dealing with other officials. This way, we can make things simpler for you and help you register your trademark. Whether you are an Indian businessman or a foreigner, we will be your trademark registration agent.

Conclusion

Filing your trademark in India from Malaysia is a convenient way to protect your brand and enjoy exclusive rights and growth in the Indian market. Those applying for trademarks outside of India and presenting proper evidence can receive substantial protection under Indian trademark law.

Choose KANAKKUPILLAI for fast, smooth trademark registration. We will be there to assist you with trademark search and document filing.

Frequently Asked Questions

1. Can a Malaysian citizen or company apply for trademark registration in India?

People or businesses from Malaysia can register their trademarks in India. Provided he or she follows the Indian Trade Marks Act of 1999 and applies for trademark registration, the foreign applicant will be granted the same rights in relation to trademark registration in India as an Indian candidate.

2. Is it necessary to have a business presence in India to register a trademark from Malaysia?

The international candidate is not required to create or establish an Indian company, branch, or office to register a trademark. A trademark may be registered even if the candidate has no commercial presence or interest in India.

3. Which documents are required for registration of the trademark in India from Malaysia?

The applicants must present documents having information about the trademark; they should also present identification documents; there should be documents with proof of address as well as business information (if any). In addition, they will be required to provide a signed power of attorney (in case of the presence of an agent), and they will have to provide detailed information regarding the goods/services using the trademark.

4. How long does the registration of the trademark take in India?

Registration procedures will normally take several months depending on such aspects as the examination, publication, objections, and oppositions. Applicants are allowed to use the ™ sign after filing an application. On the other hand, ® can only be used when the trademark is registered.

5. Will the registration of a trademark in Malaysia secure my brand in India?

No, not necessarily because trademark rights are geographically restricted. Therefore, a trademark registered in Malaysia will not ensure protection of one’s brand in India. For this reason, registering a trademark in India would be more appropriate.

6. What is the government fee for trademark registration in India for a Malaysian applicant?

For a Malaysian individual applicant, the government fee is ₹4,500 per class for online filing. For a Malaysian company, the fee is ₹9,000 per class. Fees are charged separately for each class of goods or services under the Nice Classification system.

7. Can I use the Paris Convention priority to claim an earlier date for my Indian trademark?

If you have already filed a trademark application in Malaysia, you can claim that date as your priority date in India, provided the Indian application is filed within 6 months of the Malaysian application. This is a right available under the Paris Convention, to which both India and Malaysia are signatories.

8. What is Form TM-A?

Form TM-A is the official application form used to file a new trademark in India. It is submitted through the IP India online portal (ipindia.gov.in) and captures details such as the applicant’s information, trademark representation, goods/services description, and applicable Nice Classification class(es).

9. How long is a registered trademark valid in India, and can it be renewed?

A registered trademark in India is valid for 10 years from the date of filing. It can be renewed for further 10-year periods indefinitely by filing Form TM-R before expiry. There is no limit on the number of times a trademark can be renewed.