Madrid Protocol and International Trademark Registration

The Madrid Protocol is an international system run by WIPO in Geneva. It lets you file one application, in one language, and ask for trademark protection in many member countries instead of filing separately in each. India joined the system on 8 July 2013.

Why it matters for Indian businesses

If you sell, export or plan to open an office abroad, a brand registered only in India does not protect you there. Madrid saves you from hiring a local agent in every country at the start. First, though, you need a base mark: a pending application or registration in India. Our trademark registration service covers that step.

How it works

• File your Indian trademark application or hold a registration. This is the basic mark.
• File the international application through the Indian Trademark Registry, which acts as the office of origin.
• WIPO checks the form and records the mark, then notifies the countries you picked.
• Each country examines the mark under its own law and may accept it or issue a provisional refusal.

You pay a handling fee in India and WIPO fees that depend on the countries and classes you choose. Check the current fee calculator before budgeting.

The five-year link

For the first five years, your international registration depends on the Indian basic mark. If the Indian mark falls away in that period, protection abroad can fall away too. So a clean, well-searched Indian filing matters more than usual. It also helps to pick the right goods and services from the start. See our trademark classes list, and read TM vs R symbol for how to show your status.

Common mistakes

• Filing abroad before the Indian application is properly searched.
• Naming too many countries without checking whether the brand is already taken or means something odd there.
• Describing goods differently from the Indian application.
• Ignoring a provisional refusal deadline in a designated country.

If you only trade in a few markets, filing directly in those countries can still be the cheaper route.

Related guides: TM vs R symbol, Trademark classes list, DGFT and IEC

FAQs

When did India join the Madrid Protocol?

India joined on 8 July 2013.

Can I file an international application without an Indian trademark?

No. You need a pending application or registration in India as your basic mark.

What is the five-year dependency?

For five years from the international registration date, protection depends on the Indian basic mark. If that mark is cancelled or refused in that period, the international registration can be affected.

Not sure which way to go? Talk to a Taxhint expert and we will look at your case before you file anything.