Trademark Registration for Saudi Companies in India
India and Saudi Arabia share one of the most consequential economic relationships in the region, with bilateral trade reaching USD 41.88 billion in FY 2024-25. Saudi Arabia is India's 5th largest trading partner, and India is Saudi Arabia's 2nd largest trade partner. Saudi FDI in India, including investments by the Public Investment Fund (PIF), other Saudi companies, and Saudi-backed Vision Fund, has reached approximately USD 10 billion. Major Saudi investments include PIF's USD 1.5 billion stake in Reliance Jio and USD 1.3 billion in Reliance Retail, alongside the proposed USD 44 billion West Coast Refinery in Maharashtra with Saudi Aramco.
In April 2025, the second meeting of the India-Saudi Arabia Strategic Partnership Council was held in Jeddah, co-chaired by Prime Minister Modi and Crown Prince Mohammed bin Salman, deepening cooperation across investment, energy, defence, and culture. The High Level Task Force on Investment, constituted in 2024, continues to identify and resolve barriers for Saudi companies entering India.
For Saudi companies expanding into India, trademark registration is a foundational step in brand protection. India operates as a first-to-file jurisdiction, meaning the entity that files first generally has priority. Without early registration, Saudi brands risk losing their mark to competitors or squatters. Saudi Arabia's Vision 2030 diversification strategy has accelerated Saudi corporate expansion beyond energy into entertainment, tourism, technology, and consumer goods, all of which require robust brand protection in India's 1.4 billion-consumer market.
Both India and Saudi Arabia are members of the Paris Convention for the Protection of Industrial Property. Saudi Arabia acceded to the Madrid Protocol in 2026, and WIPO has confirmed that the Protocol enters into force for the Kingdom on 8 October 2026 (WIPO Information Notice 35/2026). From that date, Saudi companies can file international trademark applications through WIPO that designate India; until then, protection in India must be sought through a direct national filing. Saudi applicants can claim convention priority from an earlier Saudi filing within six months under Section 154 of India's Trade Marks Act, 1999.
How Saudi Arabia's DTAA Affects Trademark Registration
The India-Saudi Arabia DTAA, in force since November 1, 2006, governs the taxation of cross-border income including trademark royalties between the two countries.
Key DTAA implications for trademark-related transactions:
- Royalty withholding: Under the DTAA, royalties paid by an Indian licensee to a Saudi trademark owner are subject to a maximum withholding tax of 10% of the gross amount, compared to the 20% domestic rate under the Indian Income Tax Act. The term "royalties" covers payments for the use of, or the right to use, trademarks. The Saudi recipient must be the beneficial owner and hold a valid Tax Residency Certificate (TRC) from the Zakat, Tax and Customs Authority (ZATCA).
- Dividends: The DTAA prescribes a reduced withholding of 5% on dividends, which is favourable for Saudi companies operating Indian subsidiaries that also hold trademark rights locally.
- Capital gains on IP transfer: Outright assignment of a trademark from a Saudi entity to an Indian company triggers capital gains provisions under the DTAA. The structuring of such transactions affects whether gains are taxable in India, Saudi Arabia, or both.
- No PE risk from licensing alone: A pure trademark licensing arrangement where the Saudi company does not maintain a fixed place of business in India should not, by itself, create a Permanent Establishment. However, if the Saudi licensor also provides personnel to manage the brand in India, PE risk increases under Article 5.
Saudi companies should work with advisors who understand both the DTAA and India's domestic transfer pricing framework to structure IP licensing arrangements that maximise treaty benefits while maintaining compliance.
Document Requirements from Saudi Arabia
Saudi Arabia deposited its instrument of accession to the Hague Apostille Convention on 8 April 2022, and the Convention entered into force for Saudi Arabia on 7 December 2022. Corporate documents from Saudi Arabia now require apostille authentication from the Saudi Ministry of Foreign Affairs, replacing the previous embassy attestation process.
Documents required for trademark registration include:
- Power of Attorney authorising the Indian trademark agent to file and prosecute the application on behalf of the Saudi company
- Commercial Registration Certificate from the Saudi Ministry of Commerce (Wizarat al-Tijarah), apostilled
- Trademark representation in the required format: clear image of the mark (logo, wordmark, or combination), not exceeding 8 cm x 8 cm
- List of goods and services classified according to the Nice Classification (45 classes)
- Priority document from the Saudi Authority for Intellectual Property (SAIP) if claiming convention priority within 6 months of Saudi filing
- Tax Residency Certificate (TRC) from ZATCA for DTAA benefit claims on trademark royalty arrangements
- Board resolution or partner decision authorising the trademark filing and appointing the Indian agent, apostilled
Documents in Arabic must be translated into English by a certified translator before submission to the Indian Trade Marks Registry. Beacon Filing coordinates with certified Arabic-English translators experienced in Saudi corporate documentation.
Step-by-Step Trademark Registration Process
Step 1: Pre-Filing Trademark Search
Conduct a comprehensive search of the Indian Trade Marks Registry database across all 45 Nice classes. For Saudi companies, this is particularly important in sectors like energy (Classes 1, 4), hospitality and entertainment (Classes 41, 43), food and beverages (Classes 29, 30, 32), and financial services (Class 36). Arabic-script brand names should be searched both in original script and in transliteration. Beacon Filing delivers a detailed search report with risk assessment within 3-5 business days.
Step 2: Application Filing via Form TM-A
File the trademark application using Form TM-A on the IP India e-filing portal. The government fee for Saudi companies filing as corporate entities is INR 9,000 per class. From 8 October 2026, Saudi companies can also file through the Madrid Protocol with SAIP as office of origin. WIPO's basic fee is CHF 653 for a mark in black and white (CHF 903 where any representation is in colour), and India charges an individual designation fee of CHF 83 for each class of goods or services. Beacon Filing assists with both filing routes.
Step 3: Examination by the Registry
The Trade Marks Registry examines the application on absolute grounds (distinctiveness, descriptiveness, deceptiveness) and relative grounds (conflicts with prior marks). An Examination Report is typically issued within 30-60 days. Saudi brand names that are purely descriptive in Arabic or that have religious connotations may face objections under Sections 9 and 11 of the Trade Marks Act. Beacon Filing prepares comprehensive examination responses.
Step 4: Publication and Opposition
Accepted applications are published in the Trade Marks Journal for a four-month opposition window. Any third party may file a notice of opposition. For Saudi brands in energy, hospitality, or food sectors where numerous similar marks exist in India, the opposition period requires active monitoring. Beacon Filing handles all opposition proceedings.
Step 5: Registration Certificate
Upon successful completion, the Trade Marks Registry issues a Registration Certificate valid for 10 years from the filing date, renewable indefinitely in 10-year increments. The registered trademark grants the Saudi company exclusive rights to use the mark across India for the specified goods or services.
Timeline and Costs
Timeline Breakdown
| Stage | Duration |
|---|---|
| Pre-filing search and clearance report | 3-5 business days |
| Application preparation and filing | 2-3 business days |
| Examination and report issuance | 30-60 days |
| Response to examination report | 1-2 weeks |
| Publication in Trade Marks Journal | Within 2 months of acceptance |
| Opposition period | 4 months |
| Registration certificate issuance | 1-2 months post-opposition |
| Total (uncontested) | 12-18 months |
Cost Breakdown
| Component | Estimated Cost |
|---|---|
| Government fee (per class, company filing) | INR 9,000 |
| Pre-filing search and clearance report | INR 5,000 - 10,000 |
| Application drafting and filing | INR 8,000 - 15,000 |
| Examination response (if objection raised) | INR 10,000 - 20,000 |
| Opposition defence (if required) | INR 25,000 - 75,000 |
| DTAA advisory for royalty structuring | INR 15,000 - 30,000 |
Total costs for a single-class uncontested registration range from INR 22,000-55,000. Multi-class filings for Saudi conglomerates with diverse brand portfolios attract additional per-class fees. Beacon Filing offers fixed-fee packages with transparent pricing and no hidden charges.
Common Challenges for Saudi Companies
Arabic Script and Transliteration Complexities
Saudi brand names in Arabic require careful transliteration when filing in India. Multiple transliteration standards exist (Arabic to Devanagari, Arabic to Latin), and the Registry may raise objections if the transliterated name is phonetically similar to existing marks. Companies using dual-script branding (Arabic and English) should consider filing separate applications for each version. Beacon Filing provides comprehensive transliteration analysis across Indian languages.
Religious and Cultural Sensitivity
Marks that contain religious references, Quranic terms, or words associated with Islamic practices may face objections under Section 9(2) of the Trade Marks Act, which prohibits marks that may hurt religious sentiments. Saudi companies must be aware that India's multi-religious context creates different sensitivities than the Saudi market. Beacon Filing advises on culturally appropriate brand positioning for the Indian market.
Vision 2030 Sector Expansion Challenges
Saudi Arabia's Vision 2030 is driving diversification into entertainment (NEOM, MDL Beast), tourism (The Red Sea Project, AMAALA), and technology (LEAP conference brands). These newer Saudi brands may lack the established reputation needed to overcome distinctiveness objections in India. Building evidence of use through exports, digital marketing targeting Indian consumers, and participation in Indian trade shows strengthens registration prospects.
Apostille Transition
Saudi Arabia's relatively recent accession to the Apostille Convention (December 2022) means some Saudi companies may still be unfamiliar with the apostille process, having previously relied on embassy attestation. The Saudi Ministry of Foreign Affairs now issues apostilles, and the process is simpler and faster than the old embassy route. Beacon Filing guides Saudi companies through the updated document authentication process.
FEMA Compliance for Trademark Licensing
Saudi companies licensing trademarks to Indian subsidiaries must comply with FEMA regulations. Royalty payments must be at arm's length under transfer pricing norms, reported via Form 15CA/15CB for outward remittance, and the licence recorded with the Trade Marks Registry. The interplay between IP royalty withholding, FEMA, and the India-Saudi DTAA requires integrated advisory.
Why Choose Beacon Filing
Beacon Filing is the preferred trademark registration partner for Saudi companies expanding into India. We offer:
- Vision 2030 alignment: Experience with emerging Saudi brands in entertainment, tourism, technology, and consumer sectors
- DTAA-optimised structuring: Royalty arrangements structured at the 10% treaty rate with full tax compliance
- Arabic-English coordination: Document translation, transliteration analysis, and apostille guidance for Saudi corporate documents
- Madrid Protocol support: Direct national filing today, and the Madrid route via SAIP once the Protocol enters into force for Saudi Arabia on 8 October 2026
- Complete compliance: FEMA, transfer pricing, and GST compliance for Saudi-owned Indian operations
- Strategic Partnership Council awareness: Understanding of India-Saudi bilateral mechanisms that facilitate investment
Contact Beacon Filing today for a free consultation on protecting your brand in India from Saudi Arabia.