The Madrid Protocol is an international treaty administered by WIPO that allows a trademark owner to seek protection in multiple countries through a single application, in one language, with one set of fees, filed through a single national trademark office. India acceded to the Madrid Protocol in July 2013.
Since then, Indian trademark owners can file for international protection in 130+ member countries through the Indian Trade Marks Registry (acting as the Office of Origin), and foreign trademark owners can seek protection in India through the same system.
How the Madrid System Works
The Madrid System works in two directions:
- Outbound (Indian applicant seeking protection abroad) — An Indian business files an international application through IP India, which is transmitted to WIPO. WIPO records the mark in the International Register and notifies each designated country. Each country then examines the application under its own national law and has 12–18 months to refuse protection. If no refusal is issued, the mark is protected in that country.
- Inbound (foreign applicant seeking protection in India) — A foreign business designates India in its international application. WIPO notifies IP India, which examines the application under Indian trademark law. India has 18 months to raise objections.
Eligibility: Who Can Use the Madrid System from India?
To file an international trademark application through India as the Office of Origin, the applicant must be an Indian national, domiciled in India, or have a real and effective industrial or commercial establishment in India. Additionally, the applicant must have a basic application or registration in India — the international application is based on this Indian mark.
⚠ 5-Year Dependency Period: For the first 5 years after registration, the international mark depends on the basic Indian application. If the Indian mark is abandoned, refused or cancelled within this period, the international registration also ceases. After 5 years, the international mark becomes independent.
Step-by-Step: Filing an International Application from India
- File or have a pending Indian trademark application — This is your "basic application." You do not need a granted registration, only a pending application.
- Choose your countries — Select Madrid Protocol member countries where you want protection.
- File Form MM2 — The international application form, filed through the IP India portal. Specify the mark, goods/services and designated countries.
- Pay fees — WIPO's basic fee (CHF 653 for coloured marks) plus per-country designation fees.
- IP India certifies and forwards — The Trade Marks Registry checks, certifies and sends to WIPO.
- WIPO examination — WIPO checks for formal compliance, records the mark and notifies designated countries.
- National examination — Each designated country examines the mark under its own law within 12–18 months.
Cost Comparison: Madrid vs Direct National Filing
| Approach | Pros | Cons |
|---|---|---|
| Madrid Protocol | Single application, single language, single set of fees; centralised management; easy to add countries later | 5-year dependency on basic Indian mark; each country may still refuse under national law |
| Direct national filing | No dependency on home registration; can tailor goods/services list to each country; useful for non-Madrid countries | Separate application in each country, separate local attorneys required, higher total cost for multiple countries |
For an Indian business seeking protection in 5 or more countries, the Madrid Protocol is almost always more cost-effective. For 1–2 key countries, direct filing may be simpler. For guidance on global trademark strategy, contact our trademark team →
Renewal and Management
An international trademark registration is valid for 10 years and can be renewed indefinitely in 10-year cycles through a single centralised WIPO renewal covering all designated countries simultaneously. Changes such as ownership transfer, name change or restriction of goods/services can also be recorded centrally with WIPO and apply automatically to all designated countries.
Expanding Your Brand Internationally?
Adv. Nikhil Soni handles international trademark filings via the Madrid Protocol, direct national filings, and global trademark strategy for Indian businesses.