Home ／ Insights on entering the Indian market
2026.03.26
India's food processing industry ranks fifth in the world in production, consumption, and exports alike, and is a massive sector accounting for about 7.9% of manufacturing GVA and about 13% of total domestic exports. Rapid growth continues across a wide range of product categories, including fruits and vegetables, dairy, meat and poultry, seafood, and grain processing. For Japanese food companies entering this growing market, protecting intellectual property (IP) is the top priority issue that determines the maintenance of brand value and the sustainability of the business.
India is a member of the World Intellectual Property Organization (WIPO) and has established a comprehensive body of IP protection laws, including the Trade Marks Act, 1999, the Patents Act, 1970 (amended in 2005), the Designs Act, 2000, the Copyright Act, 1957, and the Geographical Indications of Goods (Registration and Protection) Act, 1999. However, there is a wide gap between the existence of these legal frameworks and their actual effectiveness in practice, and risks such as rampant counterfeiting and unauthorized trademark registration (squatting) still remain. This article explains practical IP protection strategies specific to the food industry.
Trademark registration in India starts with an application to the Trade Marks Registry. Applications can be filed through the online portal (IP India Online), and the standard flow after filing is as follows: formality examination (1-3 months), substantive examination and issuance of an examination report (6-12 months), publication for opposition (a 4-month publication period), and issuance of the registration certificate. From filing to completed registration usually takes 18-24 months, but since 2025, digitalization efforts have been shortening the examination period.
The term of registration is 10 years and can be renewed. A renewal application (Form TM-R) can be filed starting one year before the expiration date under Rule 57 of the Trade Marks Rules, 2017. Even after expiration there is a six-month grace period (with a surcharge), followed by a further six-month restoration period, but once both have passed, the registration is removed. For food companies, registrable subject matter includes brand names, logos, slogans, packaging designs, and even the shape of a product (three-dimensional trademarks).
The trademarks Japanese food companies should protect in India span a wide range. First, the brand name in English. Second, its rendering in Hindi or other local languages; India is a multilingual country with 22 languages listed in the Eighth Schedule of its Constitution, and registering trademarks in the languages of key markets is effective against counterfeiting. Third, logos and symbol marks. Fourth, product package design and trade dress (product appearance).
The main food-related classes under the Nice Classification are Class 29 (processed foods: meat, fish, dairy products, etc.), Class 30 (coffee, tea, rice, pasta, seasonings, etc.), Class 31 (fresh foods: fruits, vegetables, etc.), Class 32 (beer, non-alcoholic beverages), Class 33 (alcoholic beverages), and Class 43 (food and beverage services). Filing across multiple classes allows for comprehensive protection.
The Trade Marks (Search and Adjudication) Rules, 2024, notified in August 2024, newly established an adjudication mechanism for false representation of registered trademarks (violations of Section 107 of the Trade Marks Act). For procedural violations that previously carried only criminal penalties, an administrative adjudication process has been introduced, enabling faster dispute resolution.
In addition, IP India (India's Intellectual Property Office) launched a new website in March 2026, substantially improving the digital infrastructure for trademark search and filing procedures. This has made it easier to search for prior trademarks and track application status. Factors Behind Failed Entries into India One of the risks of market entry is inadequate IP protection, making a trademark search before entry essential.
India removed the former Section 5, which had banned substance patents for food, in its 2005 amendment to the Patents Act, so food itself can now be patented. The practical hurdle is Section 3(e): a mere admixture of known ingredients that produces no synergistic effect is not considered an invention. Simply changing a combination of recipe ingredients does not qualify is due to this provision. A patent can be obtained if the following conditions are met: the food ingredient or composition is new and useful, it involves an innovative technique that provides a health benefit or a distinctive taste, it has industrial applicability, and it entails a genuine technical advance rather than a mere recipe change.
CSIR-CFTRI (the Central Food Technological Research Institute) currently holds 108 Indian patents and 77 international patents, showing that obtaining a food-related patent in India is not impossible. Fermentation technology, preservation technology, and functional food formulation technology held by Japanese food companies could potentially be patented in India. The term of a patent runs from the filing date for 20 years.
The Patents (Amendment) Rules, 2025, which came into force in 2025, have been effectively in operation since January 2026. A key change is that some patent-related violations have shifted from criminal penalties to civil monetary penalties. Imprisonment has been abolished for procedural and compliance-related violations, and an adjudication process by a designated administrative officer has been introduced instead. This amendment reduces the risk companies face in using the patent system.
As of early 2026, India has 684 registered GIs (geographical indications) (as of December 31, 2025). By category, that breaks down to 225 agricultural products, 54 foods, 375 handicrafts, 27 manufactured goods, and 3 natural products; in the food category, notable examples include Darjeeling tea (India's first GI registration, in 2004), Basmati rice, Alphonso mangoes, and Kashmir saffron.
When Japanese food companies do business in India, they must be careful not to use GI-registered Indian food names on their own products. Basmati rice in particular remains the subject of an ongoing international dispute between India and Pakistan over GI ownership, so extreme care is needed when using the name "Basmati."
Conversely, it is also worth considering protecting Japanese food GIs (Uji tea, Kobe beef, Yubari melon, Tajima beef, and others) in India. There is no direct agreement between Japan and India on mutual GI protection, but protection can be obtained by filing under India's GI law. This is an effective preventive measure against the risk of premium Japanese-brand foods being counterfeited in the Indian market.
India has no standalone law directly protecting trade secrets. Trade secret protection relies on contract law (the Indian Contract Act, 1872) and case law. For food companies, trade secrets such as proprietary recipes, manufacturing processes, quality control methods, and supplier lists are extremely important assets.
Essential for protection is entering into a Non-Disclosure Agreement (NDA). Employees, Local partners suppliers, and distributors should all sign an NDA before starting a business relationship, clearly specifying the scope of confidential information, restrictions on use, and remedies for breach. In addition, post-employment non-compete clauses are, as a rule, weakly enforceable in India, so a strategy that relies on confidentiality obligations and non-solicitation clauses to cover this gap is effective.
Registering trademarks and other IP rights with Indian customs makes it possible to intercept counterfeit imports at the border. Under the Intellectual Property Rights (Imported Goods) Enforcement Rules, a system is in place for customs to suspend, on its own authority, imports suspected of infringing registered IP. In the case of food, this covers counterfeit branded products and products with package designs that infringe trademark rights.
Major e-commerce platforms such as Amazon India, Flipkart, and BigBasket offer brand protection programs (such as Brand Registry). Registering with these programs makes it easier to report and remove listings that infringe your trademark. India's e-commerce market is expanding rapidly, making online counterfeit countermeasures essential.
FSSAI certification: coordinating IP protection with this certification is also important. A packaging strategy that combines the certi
Recommendation 1: Prior search and early filing before market entry Before deciding to enter the Indian market, the top priority is to conduct a trademark search and complete filing for key trademarks (in English and Hindi). India follows a "first-to-file" system, under which the party that files first obtains the rights.
Recommendation 2: Build a comprehensive IP registration portfolio Adopt a multilayered protection strategy combining trademarks (multiple classes, multiple languages), designs (package design), and patents (where applicable).
Recommendation 3: Cultural Differences Branding that takes local sensitivities into account Brand names and packaging for the Indian market must be designed with local language, culture, and religious sensitivities in mind, while also being made subject to IP protection.
Recommendation 4: Clarify IP clauses in contracts——Local partners: contracts with local partners, franchisees, and contract manufacturers should clearly specify IP own
Recommendation 5: Regular IP audits and market monitoring Conduct an IP audit at least once a year, systematically checking registration status, handling renewals, and investigating infringement in the market.
Japanese food companies face several structural blind spots in the IP challenges they encounter in India. The first is protecting katakana and hiragana trademarks. Brand names written in Japanese can be registered as trademarks in India, but since they are hard for Indian consumers to read, their practical protective effect is limited. Transliterated versions in English and Hindi also need to be registered in parallel.
Second is the generic nature of terms such as "washoku" (Japanese cuisine) or "Japanese-style." Because these terms don't indicate a specific brand, trademark registration is difficult, but there are a growing number of cases of counterfeiters misusing these expressions. Using a quality certification mark (such as a "genuine Japanese food" certification) is worth considering.
Third, local hiring Third is the risk of recipes or manufacturing know-how leaking through departing employees. Job turnover in India is high, and there is a risk that know-how gets carried away when an employee moves to a competitor. In addition to signing an NDA at hiring, operational measures such as restricting access to key manufacturing processes and disclosing information in stages are important.
From filing to completed registration usually takes about 1.5 to 2 years, but digitalization efforts are shortening the examination period. Applications can be filed online, and registration follows examination and publication for opposition. The term of registration is 10 years and is renewable, but failing to renew risks having the registration cancelled.
Registrable subject matter extends beyond the English-language brand name to its rendering in local languages, logos and symbol marks, and package design. Because India is a multilingual country, registering trademarks in the languages of key markets is effective against counterfeiting. Filing across multiple classes covering food, beverages, and food service allows for comprehensive protection.
インドは2005年の特許法改正で食品の物質特許を禁じていた旧第5条を削除しており、食品そのものも特許の対象になります。実務上の障壁は第3条(e)で、既知の成分を混ぜただけで相乗効果のないものは発明とみなされません。新規性のある食品成分や組成物、単なるレシピ変更を超える技術的進歩を伴う場合は取得が可能です。日本企業が持つ発酵技術、保存技術、機能性食品の配合技術などは取得の可能性があり、有効期間は出願日から20年間です。
India has registered GIs such as Darjeeling tea and Basmati rice, and companies must be careful not to use these names on their own products. Conversely, Japanese GIs such as Uji tea and Kobe beef can also be protected by filing under India's GI law.
India has no standalone law directly protecting trade secrets; protection relies on contracts. It is essential to sign a non-disclosure agreement with employees, local partners, and suppliers before starting a business relationship, clearly specifying the scope of confidential information and remedies for breach. Post-employment non-compete obligations are weakly enforceable, so a strategy relying on confidentiality obligations to cover this gap is effective.
The top priority is considered to be conducting a trademark search and completing filing for key trademarks before deciding to enter the market, since India follows a first-to-file system. It is also recommended to register IP with customs and enroll in e-commerce platforms' brand protection programs, putting in place both a border countermeasure against counterfeits and an online monitoring system.
While India's food market offers enormous growth opportunities, it also presents risks and challenges around intellectual property protection that differ from those in developed countries. A comprehensive IP strategy that combines legal protection with operational measures is essential against risks such as trademark squatting, rampant counterfeiting, and the leaking of trade secrets.
Position IP protection at the core of the business plan from the pre-entry stage, and build a multilayered protection framework covering trademarks, patents, designs, and trade secrets. This is the precondition for protecting the value of Japanese brands in India's food market and establishing a lasting competitive advantage.
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