Impact of International Agreements on Trade Marks: India-EFTA Trade and Economic Partnership Agreement

Introduction

The Trade and Economic Partnership Agreement (TEPA) signed between India and the European Free Trade Association (EFTA) on 10 March 2024 which entered into force on 1 October 2025 marked a significant development in international trade and intellectual property law. Executed between India and the four EFTA member states—Switzerland, Norway, Iceland and Liechtenstein—the agreement has generated considerable discussion regarding the protection of country names. In particular, questions have arisen as to whether terms such as “Swiss,” “Switzerland,” and “India,” may continue to be used in trademarks, branding and commercial representations without authorisation by Government.

Intellectual Property Protection Under the India-EFTA Agreement

The India–EFTA TEPA seeks to strengthen protection relating to trademarks, geographical indications, indications of source and national identifiers. The agreement aligns with international obligations under the TRIPS Agreement, the Paris Convention and standards administered by the World Intellectual Property Organization (WIPO). Although many assume that the agreement newly restricts the use of  “Swiss” or “Switzerland” in trademarks within India, protections against unauthorized use of national symbols and deceptive indications of origin already existed under Article 6ter of the Paris Convention. The agreement therefore primarily reinforces reciprocal enforcement and stricter implementation of existing principles rather than creating entirely new prohibitions. A significant aspect of the agreement relates to reciprocal obligations concerning the use of country names in trademarks. Under the agreement, India is required, ex officio, to refuse applications for registration of the country name “Switzerland,” and terms that may be confused with it, whether used independently or as part of a trademark, where such use is likely to deceive the public or create confusion regarding the true place of origin of goods or services. In determining such applications, Indian authorities shall consider the authorisation document produced by the applicant and explicitly issued by the competent Swiss authority in relation to the registration of the trademark.

Correspondingly, Switzerland is obligated to refuse trademark applications incorporating the country name “India,” or deceptively similar expressions, where the use of such marks would inevitably mislead the public regarding the true origin of the relevant goods or services. Importantly, these obligations extend not only to the exact country names but also to translated forms, adjectival expressions and modified variations capable of creating confusion as to origin.

A table illustrating the protected country names, translated forms and adjectival variations of Switzerland and India relevant to trademark protection  is inserted below for reference.

Role of Article 6ter of the Paris Convention

The principal legal basis for such protection internationally is found in Article 6ter of the Paris Convention. This provision obligates member states to refuse or invalidate the registration and prohibit the unauthorized use of armorial bearings, flags, state emblems, official hallmarks and signs of member countries. The rationale behind Article 6ter is to prevent commercial exploitation of sovereign identity and to protect the dignity and authenticity associated with national symbols. Consequently, trademark offices across member jurisdictions may refuse marks incorporating protected state insignia or misleading national references. Therefore, even before the India–EFTA agreement came into existence, there already existed a legal mechanism enabling states to oppose or restrict such registrations.

Date of Effectiveness of the Agreement

Although the India–EFTA TEPA was signed on 10 March 2024, its obligations became enforceable only after completion of ratification procedures by the participating states, following which the agreement officially came into force on 1^st October, 2025. As a general principle of international intellectual property law, treaty obligations operate prospectively unless expressly stated otherwise. Consequently, rights that had already vested prior to the coming into force of the agreement are not automatically extinguished merely because new trade obligations have been introduced. Nevertheless, the post-enforcement landscape undoubtedly reflects a more rigorous approach toward the use of sovereign identifiers and geographical references within trademarks and commercial branding.

Impact on Existing Trademarks

This raises the important question regarding the status of earlier trademarks registered before the agreement. Existing trademarks containing terms such as “Swiss” do not automatically become invalid merely due to the execution of the agreement. If such marks were registered lawfully, acquired distinctiveness or were adopted in good faith prior to the stricter enforcement regime, they may continue to subsist.

Conclusion

The India–EFTA Trade and Economic Partnership Agreement represents a significant advancement in the international protection of sovereign identifiers and intellectual property rights. Although the protection of country names, flags and state emblems was already recognized under instruments such as the Paris Convention and TRIPS, the present agreement substantially strengthens bilateral and reciprocal commitments toward stricter implementation and enforcement. The agreement does not automatically invalidate all existing trademarks containing “Swiss” or “India”, but it undoubtedly creates a more rigorous legal environment in which deceptive or unauthorized use of national identifiers may face increased regulatory scrutiny, and enforcement action.

Authors:
Mrs. Kajal Sinha
Partner Designate – Trademarks
Mr. Rishav Saha
Senior Associate – Trademarks