Expanding your business beyond India's borders is exciting. Protecting your brand in those new markets is equally important. International trademark registration allows you to secure exclusive rights over your mark in multiple countries through a single, streamlined application. Without it, any competitor in a foreign jurisdiction can freely use your brand name, logo, or tagline, and you would have limited legal recourse.
The Madrid Protocol is the most efficient route for Indian businesses seeking global trademark protection. Administered by the World Intellectual Property Organization (WIPO), this international treaty enables applicants to file one application, pay one set of fees, and designate protection in over 130 member countries. India acceded to the Madrid Protocol in 2013, opening the door for domestic businesses to protect their intellectual property across the world without filing separately in each country.
This guide explains how the Madrid Protocol works, who can use it, what the filing process involves, and what you should consider before pursuing international trademark registration from India.
What Is the Madrid Protocol?
The Madrid Protocol is an international treaty that simplifies the process of registering trademarks across multiple countries. It operates under the umbrella of the Madrid System, which is managed by WIPO's International Bureau in Geneva. The treaty currently has over 130 contracting parties, covering more than 190 countries and territories worldwide.
Before this system existed, businesses had to file individual trademark applications in each country where they wanted protection. Each filing required separate fees, local agents, and compliance with distinct national procedures. The Madrid Protocol consolidates this into a single international application that branches out to your chosen countries simultaneously.
India joined the Madrid Protocol on July 8, 2013, through the Trade Marks (Amendment) Act, 2010. Since then, Indian applicants can use their domestic trademark application or registration as the foundation, referred to as the "basic mark," for seeking protection abroad. Conversely, foreign businesses can also designate India through the Madrid System when seeking protection in the Indian market.
How International Trademark Registration Works Under the Madrid System
The process begins with your existing domestic trademark. You must have either a pending application or a granted registration with the Indian Trademark Registry. This serves as your basic mark, the anchor on which your international filing depends.
If you haven't yet secured your domestic mark, the first step is to complete your trademark registration in India. A pending application suffices for filing under the Madrid Protocol, though a granted registration provides a stronger foundation.
Once your basic mark is in place, you file an international application through the Indian Trademark Office, which acts as your "Office of Origin." The application is submitted on Form MM2 and must correspond to the mark, goods, services, and class specified in your Indian filing. You then designate the countries where you want protection.
The Indian Trademark Office certifies the application and forwards it to WIPO's International Bureau. WIPO conducts a formal examination to verify that the application meets procedural requirements. If everything is in order, WIPO registers the mark in the International Register and notifies the trademark offices of each designated country.
Each designated country then evaluates the application according to its own national laws. If no refusal is issued within 12 to 18 months, protection is automatically granted in that jurisdiction. If a country raises an objection, you must respond through a local agent in that specific country to defend your application.
Madrid Protocol vs Direct Filing: Key Differences
Choosing between the Madrid route and filing directly in each country depends on several factors. Here is how the two approaches compare.
| Parameter | Madrid Protocol | Direct Filing |
| Number of Applications | One international application covers all designated countries. | Separate application required in each country. |
| Cost Efficiency | Lower overall cost. Single set of WIPO fees plus country-specific designations. | Higher. Each country charges its own filing fees plus local agent costs. |
| Management | Centralised. One registration to manage, renew, and modify. | Decentralised. Each registration managed independently. |
| Dependency Risk | Subject to "central attack" for five years. If the basic mark fails, international registrations may also fall. | No dependency. Each registration stands independently. |
| Country Coverage | Limited to Madrid Protocol member countries (130+ parties). | Available in any country with a trademark system. |
| Local Agent Requirement | Not needed at filing. Only required if a designated country raises an objection. | Required in most jurisdictions from the outset. |
Step-by-Step Filing Process from India
The first step is ensuring your basic mark is either filed or registered in India. The international application must match the mark, owner, and class of goods or services exactly as they appear in your Indian filing. Any discrepancy will result in the Indian Trademark Office refusing to certify the application.
Prepare Form MM2, which is the prescribed international application form. You can download it from WIPO's website or access it through the IP India portal. The form requires details about the applicant, the mark, the goods and services, and the countries you wish to designate. If you are claiming colour as a feature of the mark, include a colour claim and a description.
Submit the application to the Indian Trademark Office along with the prescribed national fee. The Office verifies the application, certifies it, and transmits it to WIPO. The national processing fee in India for Madrid applications is Rs. 5,000 for individuals and startups, and Rs. 10,000 for other entities, in addition to the WIPO fees.
WIPO charges a basic fee in Swiss Francs, which varies depending on whether the mark is in colour and the number of classes. As of the current fee schedule, the basic fee is 653 CHF for a black and white mark and 903 CHF for a colour mark. Each designated country charges an additional supplementary or individual fee. WIPO publishes a fee calculator on its website that helps you estimate the total cost based on your specific designations.
Once WIPO registers the mark, it notifies each designated country. Local trademark offices then examine the application under their own laws. If any country issues a provisional refusal, you will need to engage a local agent to respond. This is comparable to responding to a trademark hearing or objection in India, but under the foreign country's legal framework.
Understanding the Central Attack Risk
One significant consideration under the Madrid Protocol is the "central attack" vulnerability. For the first five years after international registration, your international mark remains dependent on your basic mark in India. If the Indian registration is cancelled, refused, or withdrawn during this period, all international designations linked to it may also be invalidated.
This means protecting your domestic mark is not just a local concern. If someone files a trademark opposition against your Indian registration and succeeds, the ripple effect could eliminate your protection in every designated country. Defending your basic mark vigorously during the initial five-year window is therefore essential.
After the five-year dependency period ends, the international registration becomes independent. Even if your Indian mark is cancelled at that stage, the international registrations survive. However, good practice dictates maintaining your domestic registration throughout the entire validity period to avoid complications.
Key Considerations Before Filing an International Application
Choosing the right countries to designate is a strategic decision. Focus on markets where you already operate, plan to expand, or face counterfeiting risks. Designating every available country inflates costs without proportional benefit. Prioritise jurisdictions with genuine commercial relevance to your business.
Ensure your Indian mark is in good standing before filing. Any pending objection, trademark notice, or dispute against your basic mark should be resolved first. An unstable domestic filing weakens the foundation of your entire international portfolio.
Budget for potential refusals in designated countries. While the Madrid Protocol reduces overall costs, some countries may raise objections that require local legal representation. Setting aside a contingency fund for country-specific responses prevents unwelcome surprises during the process.
Keep track of renewal timelines. An international registration under the Madrid Protocol is valid for ten years and can be renewed indefinitely through WIPO. This operates separately from your domestic trademark renewal in India. Missing either renewal deadline can result in loss of protection in the respective jurisdictions.
Conclusion
International trademark registration through the Madrid Protocol offers Indian businesses a practical, cost-effective pathway to protecting their brand across the globe. Instead of navigating separate legal systems in every target market, you file once, manage centrally, and extend your protection to over 130 member countries.
The process requires careful preparation, from securing a strong domestic basic mark to selecting the right countries and budgeting for potential refusals. However, the long-term commercial benefits of global brand protection far outweigh the initial effort and investment.
