Trademark Registration for South Korean Companies in India
South Korea is one of India's most important trade and investment partners, with bilateral trade exceeding USD 27 billion annually. Korean companies — from Samsung and Hyundai to LG, Kia, and a growing wave of K-beauty and K-entertainment brands — have established a deep commercial presence across India. With India's young, digitally connected population of 1.4 billion increasingly embracing Korean products and culture, securing trademark protection for your brand in India is a critical business priority.
India operates a first-to-file trademark system under the Trade Marks Act, 1999, administered by the Controller General of Patents, Designs and Trade Marks (CGPDTM). This means the first entity to file an application for a mark generally receives registration priority, regardless of prior commercial use. For Korean companies planning India expansion — or those already selling through distributors and e-commerce platforms — filing early is essential to prevent trademark squatting by local entities.
South Korea and India enjoy a robust bilateral framework that facilitates business operations. The India-Korea Comprehensive Economic Partnership Agreement (CEPA), effective since January 2010, covers trade in goods, services, and investment. Unlike Chinese companies that face Press Note 3 restrictions, South Korean companies can invest in India through the automatic route in most sectors, making the overall market entry process significantly smoother.
Additionally, both India and South Korea are members of the Hague Apostille Convention, which streamlines document authentication — a major advantage over countries that require the lengthier embassy attestation route. This means Korean companies can prepare and authenticate their trademark filing documents faster and at lower cost than competitors from non-apostille countries.
How South Korea's DTAA Affects Trademark Registration
The Double Taxation Avoidance Agreement (DTAA) between India and South Korea was originally signed on 19 July 1985 and comprehensively revised on 18 May 2015 during Prime Minister Modi's visit to Seoul. The revised treaty came into force on 12 September 2016 and applies to income derived in fiscal years beginning on or after 1 April 2017.
Royalty Withholding on Trademark Licensing
When a Korean parent company licenses its registered Indian trademark to an Indian subsidiary, joint venture, or licensee, the royalty payments from India to South Korea attract withholding tax. Under the revised India-Korea DTAA, the withholding rate on royalties — including payments for the use of trademarks, patents, and copyrights — is capped at 10% of the gross royalty amount.
This represents a significant improvement from the original 1985 treaty, which allowed withholding up to 15%. On annual trademark royalties of INR 1 crore, the revised rate saves approximately INR 5 lakh annually compared to the old treaty rate, and INR 10-12 lakh compared to India's domestic withholding rate of 20% plus surcharge and cess.
Transfer Pricing for Trademark Royalties
Trademark royalty payments between a Korean parent and its Indian entity are related-party transactions subject to India's transfer pricing regulations under Sections 92-92F of the Income Tax Act. The royalty rate must be at arm's length, supported by benchmarking studies using comparable uncontrolled transactions.
Indian transfer pricing authorities have historically examined trademark royalty rates closely, particularly for well-known brands where the Indian subsidiary may argue that local marketing expenditure contributes to brand value. Korean companies should maintain robust transfer pricing documentation from the outset, including a functional analysis of the trademark owner's contributions versus the licensee's local brand-building activities.
CEPA Benefits for IP-Related Services
The India-Korea CEPA includes commitments on trade in services that can benefit Korean companies seeking IP advisory and legal services in India. While the CEPA does not directly govern trademark registration, it establishes a framework for mutual recognition and facilitates the movement of professionals between the two countries, which can be valuable for Korean companies managing IP portfolios across both markets.
Document Requirements from South Korea
Both India and South Korea are members of the Hague Apostille Convention, which significantly simplifies the document authentication process. South Korean documents need only be apostilled by the relevant Korean authority — typically the Ministry of Foreign Affairs or the Supreme Court Administration Office — rather than going through the multi-step embassy attestation route required for some other countries.
Documents Required for Trademark Filing
- Power of Attorney (Form TM-48) — Authorizing an Indian trademark agent to file and prosecute the application. Must be executed by an authorized signatory, notarized by a Korean notary public, and apostilled by the competent Korean authority.
- Certificate of Incorporation (or Business Registration Certificate) of the Korean parent company — Apostilled to establish the applicant's legal identity.
- Board Resolution — Authorizing the trademark filing in India and naming the authorized signatory.
- Trademark representation — Clear image of the mark (logo, wordmark, or composite mark). For marks containing Korean script (Hangul), file both the Hangul version and the Romanized/English version as separate applications for comprehensive protection.
- List of goods/services — Classified per the Nice Classification (12th edition). Each class requires a separate application.
- Priority document (if applicable) — If claiming priority from a prior filing at KIPO (Korean Intellectual Property Office), the certified priority document must be submitted within 3 months.
- User affidavit (if claiming prior use) — Evidence of prior use in India (invoices, advertisements, product packaging, e-commerce listings).
Apostille Process
The apostille process for South Korean documents is straightforward:
- Execute the document (PoA, Board Resolution, etc.).
- Have the document notarized by a licensed Korean notary public.
- Obtain the apostille stamp from the Korean Ministry of Foreign Affairs or the Supreme Court Administration Office (for judicial documents).
- Submit the apostilled document to the Indian trademark agent for filing.
The entire apostille process typically takes 1-2 weeks, compared to 3-4 weeks for embassy attestation. This speed advantage allows Korean companies to file trademark applications faster than competitors from non-apostille countries. For more details, see our guide on apostille vs. embassy attestation.
Step-by-Step Trademark Registration Process
The registration process follows the standard Indian trademark prosecution path, with specific considerations for Korean applicants.
Step 1: Trademark Search and Clearance
Conduct a comprehensive search on India's IP India portal (ipindia.gov.in) covering identical marks, phonetically similar marks, and visually similar device marks. For Korean brands, search both the Hangul script version and all Romanized transliterations. Also search for marks that may be phonetically similar in Hindi and regional Indian languages.
Step 2: Appoint an Indian Trademark Agent
Foreign applicants must appoint an Indian trademark agent or attorney registered to practice before the Indian Trademark Registry. Execute Form TM-48 (Power of Attorney) through the apostille process. Korean companies with existing Indian subsidiaries can also use their in-house legal team if qualified.
Step 3: File the Application (Form TM-A)
File online through the IP India e-filing portal. Include the applicant's details, agent information, trademark representation, goods/services classification, and any priority claim from a prior KIPO filing. The government fee is INR 9,000 per class for companies filing online.
Step 4: Examination
The Trademark Registry examines the application within 30-45 days. Common objections include descriptiveness, phonetic similarity to existing marks, and lack of distinctiveness. If objections are raised, the applicant has 30 days (extendable by 30 days) to respond. A hearing may be scheduled if the written response is insufficient.
Step 5: Publication and Opposition Window
Accepted marks are published in the Trade Marks Journal for 4 months. Any third party can file an opposition during this period. Korean companies with well-known brands should monitor the Journal for potentially conflicting applications by others.
Step 6: Registration Certificate
After the opposition period closes without challenge (or after successfully defending an opposition), the Registration Certificate is issued. Protection lasts 10 years from the filing date, renewable indefinitely in 10-year increments.
Timeline and Costs
Timeline Breakdown
| Stage | Duration |
|---|---|
| Document apostille (South Korea) | 1-2 weeks |
| Trademark search and clearance | 1-2 weeks |
| Application filing (Form TM-A) | 1-2 days |
| Examination and report | 30-45 days |
| Response to objections (if any) | 1-3 months |
| Publication in Trade Marks Journal | 4 months |
| Registration certificate issuance | 1-2 months |
| Total estimated timeline | 10-16 months |
Cost Breakdown
| Component | Estimated Cost |
|---|---|
| Government fee (Form TM-A, per class — company) | INR 9,000 (online) |
| Government fee (Form TM-A, per class — individual/startup) | INR 4,500 (online) |
| Apostille (PoA + supporting documents) | INR 5,000 - 10,000 |
| Trademark search and opinion | INR 5,000 - 15,000 |
| Professional fees (Indian trademark agent) | INR 15,000 - 50,000 per class |
| Opposition defense (if required) | INR 30,000 - 1,00,000 |
| Total estimated cost (single class) | INR 40,000 - 1,75,000 |
Korean companies benefit from lower document authentication costs compared to countries requiring embassy attestation. The apostille route saves approximately INR 10,000-20,000 and 2-3 weeks compared to the embassy attestation process.
Common Challenges for South Korean Companies
1. Hangul Script Protection
Korean brands often use Hangul script in their home market but Romanized versions internationally. In India, the Hangul version has limited recognition among consumers, but it is still worth registering to prevent third parties from copying the Korean-language branding. File separate applications for the Hangul mark, the Romanized version, and any English-language brand name used in India.
2. K-Wave Brand Proliferation
The Korean Wave (Hallyu) has driven explosive demand for Korean products in India, particularly in beauty, fashion, entertainment, and food categories. This popularity has also led to a rise in counterfeit Korean products and unauthorized use of Korean brand elements. Registering trademarks early and monitoring the Indian market for infringement is essential for Korean companies capitalizing on the K-Wave trend.
3. Multi-Class Filing Strategy
Korean conglomerates (chaebols) and diversified companies often operate across many product and service categories. A comprehensive trademark strategy in India may require filing in 10-15 Nice Classification classes, which multiplies government fees and professional costs. Prioritize classes based on current India revenue and near-term expansion plans, and file remaining classes in phases.
4. E-Commerce Brand Protection
Many Korean brands enter India through e-commerce platforms like Amazon India and Flipkart before establishing physical retail presence. Registering your trademark before launching on these platforms enables you to use their brand protection programs (Amazon Brand Registry, Flipkart Brand Shield) to combat unauthorized sellers and counterfeit listings.
5. Trademark Renewal and Maintenance
Indian trademarks must be renewed every 10 years. Korean companies with large IP portfolios should implement a centralized renewal tracking system. Missed renewals result in removal from the register, requiring a fresh application. BeaconFiling provides automated renewal tracking for all trademarks we register.
Why Choose BeaconFiling
BeaconFiling has extensive experience helping South Korean companies protect their brands in India. We understand the nuances of Hangul-to-Romanized trademark strategy, multi-class filing optimization, and the India-Korea DTAA benefits for royalty structuring.
Our team provides end-to-end support from trademark search and apostille coordination through filing, prosecution, and ongoing portfolio management. We offer fixed-fee pricing, dedicated Korean-market specialists, and proactive monitoring of opposition windows and renewal deadlines.
Explore our trademark registration service or contact us for a free consultation on your India brand protection strategy.
Frequently Asked Questions
Can a Korean company register a trademark in India without setting up a local entity?
Yes. Foreign companies, including Korean ones, can file trademark applications in India directly through an appointed Indian trademark agent. No Indian subsidiary, branch office, or liaison office is required for trademark filing.
Does South Korea's FDI route affect trademark registration in India?
No. South Korea is not subject to Press Note 3 restrictions, and FDI from Korea follows the automatic route in most sectors. However, trademark registration is an intellectual property matter, entirely separate from FDI approvals. You can file trademarks regardless of your FDI status.
Can I claim priority from a KIPO filing?
Yes. Under the Paris Convention, Korean companies can claim priority from a prior KIPO trademark application filed within the preceding 6 months. Submit the priority claim at the time of Indian filing and provide a certified copy of the KIPO application within 3 months.
What is the withholding tax on trademark royalties from India to South Korea?
Under the revised India-South Korea DTAA (effective April 2017), the withholding tax on royalties including trademark royalties is capped at 10% of the gross amount. This is reduced from the earlier 15% rate and significantly lower than India's domestic rate of 20% plus surcharge and cess.
Should I register the Hangul version of my brand name in India?
Yes. While Indian consumers may not read Hangul, registering the Korean script version prevents third parties from copying your Korean-language branding. File separate applications for the Hangul mark, the Romanized transliteration, and any English brand name for comprehensive protection.
How much does trademark registration cost in India for a Korean company?
The government fee is INR 9,000 per class for companies (online). Including apostille, search, and professional fees, the total ranges from INR 40,000 to INR 1,75,000 per class. The apostille route saves INR 10,000-20,000 compared to countries requiring embassy attestation.
What is the Madrid Protocol and can Korean companies use it?
The Madrid Protocol allows trademark holders to seek protection in multiple countries through a single international application filed with WIPO. Both India and South Korea are members. Korean companies can designate India in a Madrid Protocol application filed through KIPO, though direct national filing often provides more control over prosecution strategy.