Last Updated on July 31, 2026
A trademark registration in India provides you with legal protection for your brand name in India alone. Once you start selling on Amazon UK, open a shop in Dubai, or get clients in the US, your brand will have no legal protection there unless you register your trademark in that jurisdiction as well. The Madrid Protocol helps you achieve this with relative ease and allows you to seek protection in more than 130 countries with one application from India.
Quick Summary
The Madrid Protocol is an international trademark registration system administered by the World Intellectual Property Organisation (WIPO). It enables trademark owners to file a single international application, in one language and with one set of fees, to seek trademark protection in multiple member countries. India became a member of the Madrid Protocol in 2013, and international applications are filed through the Trade Marks Registry (IP India) before being transmitted to WIPO.
- The Madrid System has 130+ members, covering numerous countries and territories worldwide.
- An existing Indian trademark application or registration is generally required as the basic application or registration.
- Each designated country examines the trademark application according to its own trademark laws.
- International registrations can be renewed centrally through WIPO every 10 years.
- For the first five years, the international registration remains dependent on the basic Indian application or registration.
Expand Your Brand Internationally
Kanakkupillai’s trademark experts can help you file Madrid Protocol applications, manage international trademark registrations, and protect your brand across multiple countries.
What is the Madrid Protocol?
The Madrid Protocol is an international treaty under the Madrid System, managed by WIPO’s International Bureau in Geneva, that simplifies registering and managing trademarks across multiple jurisdictions. Instead of navigating different filing procedures, languages, and fee structures in each country, an applicant files a single international application designating the countries where protection is sought.
Want to register a trademark in India from Dubai? Read our complete guide on eligibility, required documents, fees, timelines, and the online registration process.
Why Route Through Madrid Instead of Filing Directly?
Filing directly in each country means separate applications, local agents, fee currencies, and renewal dates to track. Madrid Protocol filing consolidates this into one application and one centralised renewal, which is significantly more efficient for businesses seeking protection in several countries at once, though not always the better option for just one or two markets.
Who Should Use the Madrid Protocol?
- Indian businesses exporting to, or selling online in, multiple countries
- Startups with international clients, a foreign subsidiary, or cross-border e-commerce presence
- Brands planning a phased international expansion across several markets
- Businesses that already hold a trademark application or registration in India
Eligibility: The Basic Mark and Connection to India.
To register through the Madrid Protocol in India, you have to fulfil the basic mark requirement by having a pending trademark application or registered trademark at the Indian Trademark Office. Your international trademark application should be identical with regard to the particulars of the applicant, mark, and goods/services.
To file through India, the applicant must also be a national of India, domiciled in India, or have a real and effective industrial/commercial establishment in India. An Indian basic mark alone isn’t sufficient if the applicant fails this test (e.g., a foreign entity that merely files a trademark in India without any real Indian presence).
Looking to register a trademark in India from Singapore? Read our complete guide covering eligibility, documents, fees, timelines, and the online registration process.
How the Process Actually Works
Step 1. File through IP India
The international application is submitted on Form MM2 through the Indian Trademark Office, which certifies that it matches your basic mark and forwards it to WIPO.
Step 2. Formal examination by WIPO
WIPO reviews the application for formal requirements, such as fee payment and classification, not the mark’s distinctiveness itself.
Step 3. Recording and publication
Once approved formally, the mark is entered in the International Register, published in the WIPO Gazette, and notified to each country you designated.
Step 4. National examination in each country
Each designated country then examines the mark under its own trademark law, exactly as it would for a locally filed application.
Step 5. Grant or refusal
If no refusal is issued within the country’s response period, protection is automatically granted there; if a refusal is issued, you respond through a local agent in that specific country.
Documents Required for International Trademark Registration
- Certified copy of the Indian basic application or registration certificate
- Applicant’s identity and address details, matching the basic mark exactly
- A clear list of designated countries and the classes of goods or services
Need help preparing your international filing documents? Our experts can assist you.
Fees / Cost
Madrid Protocol fees have three parts: a WIPO basic fee of 653 Swiss francs for a black-and-white mark or 903 Swiss francs for a mark in colour, a per-country fee that is either a flat complementary fee or an individual fee set by that country, and a supplementary fee per class beyond three. India’s national processing fee for certifying and forwarding the application is separate and lower for individuals, startups, and small enterprises.
- ₹5,000 for individuals, startups, and small enterprises
- ₹10,000 for other entities (companies, LLPs, etc.)
Timeline
| Stage | Typical Timeline |
| Filing through IP India to WIPO forwarding | 2 – 4 weeks |
| WIPO formal examination and recording | About 2 – 3 months |
| National examination in each designated country | 12 – 18 months |
| Full international registration validity | 10 years, renewable centrally |
The Central Attack Risk
For the first 5 years after registration, your international mark remains legally dependent on the Indian basic mark. If the Indian application is refused, withdrawn, or cancelled during this period, your entire international registration can be cancelled too, even in countries where it was already granted protection. This is known as central attack, and it is one of the most overlooked risks of Madrid Protocol filing.
If a central attack cancels your international registration, you can convert it into individual national applications in each designated country within 3 months, without losing your original priority date.
Compliance Requirements
- Monitor the Indian basic mark closely during the first 5 years after international registration
- Certain countries (e.g., the US) require a post-registration Declaration of Use; track these separately from WIPO renewal.
- Track individual country response deadlines for any provisional refusals
- Renew the international registration centrally through WIPO every 10 years
Penalty / Consequences
- Legal: A cancelled Indian basic mark within 5 years can trigger cancellation of the entire international registration
- Financial: Missing a country’s refusal response deadline forfeits protection in that jurisdiction
- Business: Operating without completing local examination successfully leaves the brand unprotected there
Avoid central attack and missed deadlines with professional Madrid Protocol filing support.
Common Mistakes
- Submitting internationally before the Indian basic mark becomes sufficiently stable against opposition claims
- Misunderstanding the examination at the WIPO to mean approval in all jurisdictions
- Selecting jurisdictions without ensuring the mark satisfies those jurisdiction’s own distinctive requirements
Benefits of the Madrid Protocol
- One application, one language, and one set of fees for multiple countries
- Centralised renewal every 10 years instead of tracking separate deadlines per country
- Ability to add more countries to an existing registration later, as the business expands
Practical Scenario
An Indian apparel brand with a pending trademark application files under the Madrid Protocol, designating the UK, UAE, and the EU. Within a year, the UK and UAE grant protection without objection, while the EU raises a provisional refusal over similarity to an existing mark. The brand engages a local agent in the EU to respond, while its UK and UAE protection remains unaffected, since refusals in one country do not carry over to others.
Planning to register a trademark in India from the UAE? Read our complete guide to understand the process, documents, costs, and legal requirements.
Expert Tips / Best Practices
- Strengthen your Indian basic mark before filing internationally, to reduce central attack risk
- Prioritise countries based on actual business plans, not just aspirational markets
- Track the 5-year dependency period on your compliance calendar, not just the 10-year renewal
Madrid Protocol vs Direct National Filing: Comparison Table
| Aspect | Madrid Protocol | Direct National Filing |
| Number of applications | One, covering all designated countries | Separate application in each country |
| Cost for multiple countries | Generally lower | Generally higher, with local agent fees |
| Renewal | Centralised, every 10 years | Tracked separately per country |
| Dependency risk | Tied to basic mark for first 5 years | No dependency on a home registration |
| Best suited for | Businesses targeting several countries | Businesses targeting one or two markets |
How Kanakkupillai Can Help?
Kanakkupillai helps Indian businesses assess whether Madrid Protocol filing fits their expansion plans, strengthens the Indian basic mark before international filing, prepares and files the WIPO application through IP India, and coordinates with local agents to respond to country-specific refusals.
Conclusion
The Madrid Protocol ensures that international trademark protection is easy to handle for Indian companies moving into other countries, but it isn’t an escape route from the individual examination requirements of each individual nation or a risk-free strategy while your Indian basic trademark is still in its first five years of existence. It’s the way that it works in reality and not just the financial benefits that make it worth considering.
Expand your brand beyond India.
Our trademark experts help you file an International Trademark Registration through the Madrid Protocol, ensuring a smooth application process and global brand protection across multiple member countries.
FAQs
1. Even if I don’t have an Indian trademark, can I apply via the Madrid System?
Not if you want to file under the basic trademark, as for the use of your basic mark, either you should have the Indian trademark or you should have applied for one in India.
2. What will happen if I file on a global level but my Indian trademark gets challenged?
The whole global registration process will be declared void if the Indian trademark gets refused or revoked during the first five years of the registration. This is called a central attack.
3. Does a refusal in one country affect my registration in other designated countries?
No, each designated country examines the mark independently under its own law. A refusal in one country does not affect the status of your registration in the other countries you designated.
4. Can I add more countries to my international registration later?
Yes, you can file a subsequent designation to add new countries to an existing international registration at any time, without needing to file a fresh application from scratch.
5. How long does it take to know if my mark is protected in a designated country?
Most countries take between 12 and 18 months to either grant protection or issue a provisional refusal after being notified by WIPO. If no refusal is issued within that period, protection is automatically granted.
6. Is Madrid Protocol filing always cheaper than filing directly in each country?
It is usually cheaper when designating several countries, since it avoids multiple local agent fees. For protection in just one or two markets, direct national filing can sometimes work out more cost-effective.
