Legalisation of Chinese Documents for Indian Trademark Filings
Author: Sanjeev Kumar | in, Updated on: April 29, 2025 | Category:
Overview : Securing trademark protection in India is a major headache for Chinese businesses due to the maze of document requirements that most companies get wrong. The paperwork needs special handling in China, followed by proper stamping in India. If you miss either step, your application gets tossed out. We've seen countless clients waste months on rejected filings because they followed outdated advice about document legalisation between these countries. At Setindiabiz.com, we've guided over 200 Chinese companies through this process, developing relationships with officials at every stage. Our expertise helps you navigate these cross-border requirements correctly the first time, protecting your valuable trademarks in the growing Indian market.
The Apostille Convention Doesn't Apply Between India and China
A crucial point that many businesses overlook is the language barrier combined with special authentication requirements. Despite China joining the Hague Apostille Convention in November 2023, this simplified authentication process does not apply to documents exchanged between China and India. This is because India formally objected to China's accession under Article 12 of the Convention.
What makes this even more challenging is that Indian authorities require all documents to be in English. You'll need certified English translations if your documents are originally prepared in Chinese (common for Chinese companies). These translations become part of the legalisation process—they need to be notarised along with the original Chinese documents and follow the same authentication path.
This specific bilateral exception means Chinese documents intended for Indian trademark filings cannot use the streamlined Apostille process and must follow the more complex traditional Consular Legalization pathway, with proper attention to language requirements at every step. I've seen many companies waste weeks when they discover halfway through that their perfectly legalised Chinese documents aren't acceptable without accompanying English versions.
The Mandatory Consular Legalization Process
For Chinese companies filing trademarks in India, a critical authentication hurdle must be overcome before applications can even be considered. All supporting documentation, particularly crucial instruments such as Powers of Attorney (POA) to the Indian Trademark Attorney and User Affidavits that establish the first user date of the trademark, must undergo a comprehensive, three-step Consular Legalization process that verifies their authenticity at multiple levels of governmental authority. This process is mandatory because India formally objected to China's Apostille Convention membership, leaving consular legalisation as the only valid method between these countries.
- Notarisation in China : First, you'll need a Chinese Notary Public to verify your document. The signer must show up in person with their ID and company papers. The notary checks everything - the company seal, who's authorised to sign, and watches the actual signing happen. They'll probably want both Chinese and English versions of your documents. This step usually takes 2-3 days, and it's just the beginning.
- Authentication by Chinese Authorities : Take your notarised document to the Chinese Ministry of Foreign Affairs (MFA) or your local Foreign Affairs Office. These folks verify that your notary is legitimate and that their stamp is actual. You must fill out their forms, pay some fees, and submit your original document. Once they're satisfied, they'll stamp it with their own seal. Budget about 3-7 days for this step, depending on how busy they are.
- Legalisation by the Indian Embassy : Finally, take everything to the Indian Embassy or Consulate in your region. If you're in northern China, head to Beijing; eastern regions go to Shanghai; southern areas use Guangzhou. The Indian officials check the MFA stamps and add their consular seal—this makes your document valid in India. They'll want more forms, more fees, and copies of IDs. If everything goes smoothly, this typically takes another 3-5 days.
Document Requirements for Indian Trademark Filings
The documentation for filing trademark applications in India demands meticulous attention to detail across multiple stages, with each authority having its requirements and timelines. One mistake can force you to start over. The process typically takes 2-4 weeks, plus shipping time to India. The two important documents at the filing state are under
Power of Attorney (POA):
Filing a trademark in India requires local representation – no exceptions. That's where a Power of Attorney becomes your make-or-break document. Without a properly executed POA, your Indian trademark agent or attorney has no legal standing to act on your behalf, and the Registry won't accept your application.
To help you understand exactly what's required, below is a standard Power of Attorney format for Indian trademark filings. This document authorises Indian attorneys to represent your interests before the Trademark Registry:
Format of Power of Attorney (POA) for Trademark
Authorisation to Trademark Attorney in the matters of
Trademark Registration and Representation in Relation thereto
I, ________ [Full Name Of Authorizing Person], S/o _________ [Father's Name], Resident of: _________________________ [Complete Residential Address] and in the capacity of ______________ [Position, E.G., Director/Ceo/Authorised Representative] of _____________________ [Company Name] having its registered address/office at ________________________ [Complete Company Address] , do hereby authorise ______________________ [Name Of Indian Attorney(s)] of _______________ [Name Of Indian Law Firm] having their office at __________________________ [Complete Address Of Indian Law Firm], to act jointly or severally as our advocate/attorney for applying for registrations, oppositions, objections, assignments, rectifications, modifications, show cause hearings, withdrawals and in all such matters where our above-mentioned company is the party or interested in the prosecution.
I/We further authorise our said attorney to appear in the respective office before the competent authorities and to give any statement, declarations, undertakings, affidavits, and to make any corrections, modifications, alterations, deletions, additions to the documents, statements filed or to be filed by us before the said authorities and to receive any letter, notice, certificates for and on behalf of us as may be required.
We also authorise our said advocate(s) to appoint any person or persons on our behalf to attend and conduct the case(s) and/ or proceedings. I/We hereby ratify and agree to ratify all acts and deeds done by our said advocate(s). I/We hereby revoke all previous authorisation, if any, with respect to the proceedings. All communications relating to this application may be sent to the following address in India:
To
[Name Of Indian Law Firm]
[Complete Address Of Indian Law Firm]
Signature
[Full Name Of Person Signing]
Dated this .............day of ...........20........
To
The Registrar of Trademarks
The Office of the Trade Marks Registry at [Location Of Trademark Registry]
User Affidavit
If you've already been using your trademark in India before filing, you're sitting on a valuable legal advantage – but only if you can prove it. A User Affidavit is your sworn testimony claiming "I was here first," which can be decisive in trademark disputes or opposition proceedings. This isn't just paperwork; it's potentially your strongest evidence for establishing priority rights against copycats or competitors.
Format of User Affidavit
AFFIDAVIT
In the matter of trademark application for _________________ [Applicant Company Name], having their address at _________________________ [Complete Company Address] in Class _________________________ [Trademark Class Number(s)]
I, _______________[Full Name Of Person Making Affidavit], S/o or D/o ___________________________ [Father's Name], resident of ____________ [Complete Residential Address] and being __________ [Nationality] ational, do hereby in the capacity of _____________ [Position In Company] above said applicant, do solemnly state and affirm as under: -
- That the applicant _______________________ [Company Name] is the owner of the trade mark as detailed in paragraph number 5 under the class ________ [Trademark Class Number] and is carrying on business at ___________________ [Business Address] and I am thoroughly familiar & aware with its affairs.
- That the applicant, ______________ [Company Name], is engaged in the business of ________________________ [Nature Of Business] as described in the trade mark application in form TM-A.
- That the Trademark Category is: Word / Device / Colour /Shape of Goods / Sound Mark / Three Dimensional Mark [Strike Out What Is Not Applicable]
- That the said trademark was conceived and adopted by the applicant, and it is in use or proposed to be used since/from ____________ [Exact Date Of First Use Or Proposed Use] openly, continuously, uninterruptedly and extensively.
- That the trademark is: ________________ [Exact Trademark As Being Applied For]
DEPONENT
VERIFICATION
Verified today on ______________ [Date] at _________ [Place] that the contents of aforesaid affidavit are true and correct to the best of our knowledge and that nothing material has been concealed therefrom.
DEPONENT
Why These Templates Alone Aren't Enough
While these templates provide the basic structure, the real challenge lies in the legalisation process. Indian authorities will reject a perfectly drafted document that hasn't been properly notarised, authenticated, legalised, and stamped according to our outlined requirements.
These templates help our clients, but professional guidance through the complete cross-border legalisation process is essential for successful trademark filings. Contact us to ensure your documents look right and are processed correctly at every stage.
Indian Stamping (Stamp Duty Payment) Requirements
- The Three-Month Deadline : Once legalised documents arrive in India, they must be stamped within three months from the date of receipt. This strict timeline is mandated by Section 18 of the Indian Stamp Act 1899. Missing this deadline renders the documents invalid for official purposes and inadmissible as evidence.
- The Proper Stamping Procedure : Adjudication: A common misconception is that foreign-executed documents can simply be affixed with adhesive stamp paper. The legally correct procedure involves submitting the original legalised document to the Collector of Stamps for adjudication under Section 31 of the Indian Stamp Act, paying the stamp duty determined by the Collector and then receiving the document back with an official stamp/certification.
- This adjudication process shifts the responsibility of determining the correct duty from the attorney to the revenue authority, providing crucial legal certainty regarding the document's compliance.
- Stamp Duty Calculation : Typically, User Affidavits attract a fixed amount (often around INR 100), while POAs may have variable duties ranging from INR 100 to INR 500 or more, depending on their classification and the applicable state laws.
Conclusion
Don't risk your valuable trademark applications by navigating these complex procedures alone. Our expert team at Setindiabiz.com ensures your Chinese documents meet all Indian legal requirements, facilitating smooth trademark registration. Contact us today for a consultation,and let us assist you in cross-border trademark documentation with precision and expertise.
Faq's
Note: This information is provided for general guidance and may be subject to change. Please consult our experts directly for advice tailored to your specific situation.
Author Bio
Sanjeev Kumar | in
Meet Sanjeev Kumar, a distinguished advocate before the Supreme Court of India, High Courts, and National Tribunals. Founding Partner of Juriskps Law Offices, a premier law firm, he specializes in commercial, corporate, tax, arbitration, and IPR matters. His incisive legal insights enrich Setindiabiz’s blog with expert commentary.