International Trademark via Madrid Protocol — From India

International Trademark via Madrid Protocol from India

Expanding your business internationally requires more than just marketing and distribution—it also requires protecting your brand in every country where you operate. If your trademark is registered in India, you can apply for international trademark protection through the Madrid Protocol, administered by the World Intellectual Property Organization (WIPO).

The Madrid Protocol enables Indian businesses to seek trademark protection in multiple countries by filing a single international application, making the process simpler, faster, and more cost-effective.

Whether you’re an exporter, startup, manufacturer, e-commerce seller, or technology company, international trademark registration safeguards your brand from misuse and infringement across global markets.

What is the Madrid Protocol?

The Madrid Protocol is an international treaty that allows trademark owners to obtain trademark protection in several member countries by filing a single application.

India became a member of the Madrid Protocol in 2013, enabling Indian businesses to file international trademark applications through the Indian Trademark Registry.

Instead of filing separate trademark applications in each country, applicants can choose multiple member countries under one international application.

Why Register an International Trademark?

Registering your trademark internationally offers several advantages:

Exclusive rights to use your brand internationally

Protection against trademark infringement

Easier global business expansion

Increased brand value

Better licensing and franchising opportunities

Protection for exporters and e-commerce sellers

Enhanced investor confidence

Simplified renewal process

Who Can Apply?

You can apply if you:

Are an Indian citizen

Have a business establishment in India

Have a domicile in India

Possess an Indian trademark application or registration (Basic Mark)

Eligibility Requirements

Before filing an international application, you must have:

A filed or registered Indian trademark

Applicant details matching the Indian trademark

Same trademark representation

Same goods/services as the Indian application (or narrower scope)

Countries Covered under Madrid Protocol

The Madrid System currently covers 130+ countries through over 115 member jurisdictions, including:

United States

United Kingdom

European Union

Canada

Australia

Japan

China

Singapore

UAE

South Korea

Switzerland

Germany

France

Italy

Spain

Applicants may designate one or multiple countries depending on business expansion plans.

Documents Required

The following documents are generally required:

Indian Trademark Application or Registration Number

Applicant PAN

Aadhaar (for individuals)

Certificate of Incorporation/LLP Registration

Power of Attorney (if applicable)

Trademark representation/logo

Description of goods/services

Applicant address proof

Digital Signature (if required)

Step-by-Step Registration Process

Step 1: File or Register Indian Trademark

The applicant must first have an Indian trademark application or registration.

Step 2: Prepare International Application

The international application must contain:

Applicant details

Trademark details

Goods/services

Countries selected

Priority claims (if applicable)

Step 3: Submit through IP India

The application is filed through the Indian Trademark Registry.

The Registry verifies that the international application matches the Indian basic mark.

Step 4: Forwarding to WIPO

After certification by IP India, the application is forwarded to WIPO.

Step 5: WIPO Examination

WIPO checks:

Classification

Formalities

Completeness

Fees

If accepted, WIPO records the trademark in the International Register.

Step 6: Examination by Designated Countries

Each selected country independently examines the application under its local trademark laws.

The designated office may:

Accept the mark

Raise objections

Request clarification

Refuse registration

Step 7: Grant of Protection

If no refusal is issued within the prescribed period (generally 12–18 months, depending on the jurisdiction), protection is granted in the designated country.

Government Fees

The total cost depends upon:

Number of countries selected

Number of trademark classes

Whether the mark is in black & white or color

Individual country fees

Fees generally include:

IP India handling fee

WIPO basic fee

Individual designation fees for each country

Time Required

Stage Approximate Timeline

IP India Certification 2–6 weeks

WIPO Examination 2–3 months

Examination by Designated Countries 12–18 months

Overall Registration 12–18 months (varies by country)

Validity

International trademark registration is valid for 10 years from the date of registration.

It can be renewed every 10 years by filing a single renewal request through WIPO.

Benefits of Madrid Protocol

Single Application

One application covers multiple countries.

Single Language

Applications can be filed in English.

Centralized Fee Payment

Fees are paid through one system.

Easy Expansion

Additional countries can be designated later.

Simplified Renewal

Only one renewal is required for all designated countries.

Portfolio Management

Changes in ownership, address, or renewals can be managed centrally.

Common Reasons for Refusal

Applications may face refusal due to:

Similar existing trademarks

Descriptive or generic marks

Incorrect classification

Non-compliance with local laws

Missing documentation

Lack of distinctiveness

Who Should Register an International Trademark?

International trademark registration is ideal for:

Exporters

Startups

Manufacturers

IT companies

D2C brands

E-commerce sellers

Pharmaceutical companies

Fashion brands

Food and beverage businesses

Franchise businesses

Why Choose TAXAJ?

TAXAJ provides end-to-end assistance for international trademark registration, including:

Trademark availability search

Indian trademark filing

Madrid Protocol application

Country selection guidance

Documentation support

WIPO filing assistance

Objection handling

Renewal and portfolio management

Our team helps businesses secure and manage their brands across multiple international markets efficiently.

Frequently Asked Questions (FAQs)

Can I file an international trademark without an Indian trademark?

No. An international application under the Madrid Protocol must be based on an existing Indian trademark application or registration.

Can I choose only one country?

Yes. You may designate a single member country or multiple countries based on your business needs.

How long is the registration valid?

International trademark registration is valid for 10 years and can be renewed every 10 years.

Can additional countries be added later?

Yes. The Madrid Protocol allows subsequent designation of additional member countries after the initial registration.

Is one registration valid worldwide?

No. Protection is available only in the Madrid Protocol member countries that you specifically designate and where the trademark is accepted.

Conclusion

For Indian businesses aiming to expand globally, the Madrid Protocol provides an efficient and cost-effective way to protect trademarks across multiple countries through a single application. While each designated country retains the authority to examine and approve the trademark under its local laws, the centralized filing and management process significantly simplifies international brand protection. Securing your trademark early helps safeguard your brand, enhance its value, and support long-term global growth.