International Trademark Registration in India

The Madrid Protocol lets an applicant seek global trademark protection, effectively registering a trademark globally, in several countries through one application, one language, and one set of procedures.

What is the Madrid System?

The Madrid System is the international framework for registering marks in several countries through a single filing. It rests on two treaties, the Madrid Agreement of 1891 and the Madrid Protocol of 1989. The Protocol was adopted at Madrid on 27 June 1989, entered into force on 1 December 1995, and became operational on 1 April 1996. The International Bureau of the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations based in Geneva, administers the system.

An applicant files one international application in a single language, and WIPO records it in the International Register. WIPO then notifies each designated member, and each one examines the mark under its own trademark law.

India’s Membership in the Madrid Protocol

India acceded to the Madrid Protocol only, not the Madrid Agreement, and the Protocol took effect for India on 8 July 2013. Chapter IVA of the Trade Marks Act, 1999 (Sections 36A to 36G) gives the Protocol effect in Indian law, and Chapter IV of the Trade Marks Rules, 2017 (Rules 62 to 74) sets the procedure.

The points below show how this works for an Indian applicant:

• One filing: The Registry certifies Form MM2(E) and forwards it to WIPO, which sends it to each designated member (Section 36D and Rule 66).
• One language: The application is in English (Rule 63).
• One register: Renewals and recorded changes, such as a change of ownership, go through WIPO. Renewal falls due on one date every ten years (Section 36G).
• WIPO fees in one currency: The applicant pays WIPO in Swiss francs, and individual fees vary by member. India charges its handling fee separately under Rule 67.

Multi-country filing is simpler, but protection depends on the Indian basic mark for five years under Section 36D(5). Each country can still refuse registration under its laws.

International trademark registration gives legal, commercial and enforcement benefits in each country that grants protection. The points below set out what a holder can rely on:

• Rights under local law: Under Article 4 of the Madrid Protocol, protection in each designated country is the same as if the mark had been filed there directly, unless that country refuses it. The rights and remedies, including actions for infringement and damages, come from that country’s law.
• A transferable asset: The holder can assign or license the mark, and the International Bureau records a change of ownership under Article 9. WIPO’s eMadrid also lets the holder record a licence. Licensing a mark to a foreign business can earn royalties without the holder opening operations there.
• Room to expand: A subsequent designation adds countries to an existing international registration without a new application, and it runs only for the remaining term. An Indian holder cannot designate India, because India is the Office of origin.
• Use of the ® symbol: Use ® only in countries where your trademark has registered protection. Section 107(3) allows limited use referring to a foreign registration, for example where the wording makes clear the registration is abroad, or for goods meant only for export to that country.
• Border enforcement: Many countries let a registered mark owner ask customs authorities to act against counterfeit imports. In the United States, for example, a mark must be on the Principal Register before it can be recorded with CBP, which helps detain infringing goods. Procedures differ by country.
• A checkable right: WIPO publishes each international registration in its Gazette, so distributors, licensees, and investors can see what is protected before agreeing to terms.

International trademark registration, including international brand registration and international logo registration, suits brand owners who trade, license, or plan to trade outside India.

• Exporters and manufacturers: Businesses that ship goods abroad or work with overseas distributors and retailers.
• Online sellers and digital businesses: E-commerce sellers, software developers, and app or service providers with customers in other countries.
• Franchisors and licensors: Owners who franchise or license a trademark to partners in other jurisdictions.
• Businesses entering new markets: Companies and startups planning to open offices, plants, or sales channels abroad.
• Brands facing imitation abroad: Owners who see copying or squatting risk in a key overseas market.

Eligibility is set by law, not by business type. Under Section 36B(a) of the Trade Marks Act, 1999, the applicant must be a citizen of India, be domiciled in India, or have a real and effective establishment in India. Section 36D(1) also requires a pending Section 18 application or a registered mark under Section 23.

This route does not suit a brand sold only in India, a brand with no Indian filing, or a target country outside the Madrid System. It also carries risk if the basic mark faces a serious challenge, since the international registration depends on it for five years (Section 36D(5)).

An international application from India can be certified by the Registry only when the following four conditions are met. The points below cover each one:

1. A basic mark in India: The applicant needs a pending application under Section 18 or a registered mark under Section 23 of the Trade Marks Act, 1999 (Section 36D(1)). The international application covers the same mark and goods or services within the basic mark, and the applicant is the person who made the basic application or holds the registration.
2. A connection to India: The applicant must be a citizen of India, be domiciled in India, or have a real and effective industrial or commercial establishment in India (Section 36B(a)).
3. Electronic filing through the Registry: The Indian Trade Marks Registry acts as the Office of Origin. The applicant files electronically through the Trade Marks International Application System under Rule 65 of the Trade Marks Rules, 2017. The Registrar certifies the application on Form MM2(E) and forwards it to WIPO within two months of receipt as per Rule 66(2). If the application falls short, the Registrar sends a notice and holds it until the applicant complies.
4. The handling fee and the designation list: The Registry charges a handling fee of ₹5,000 as per IP India, paid electronically with the application (Rule 67). The applicant also decides which countries to designate, and WIPO charges its fees in Swiss francs.

One risk applies from the start. For five years, the international registration depends on the Indian basic mark. Under Section 36D(5), protection ceases to the extent that the mark is withdrawn, cancelled, expires, or finally refused in that period, which is known as central attack. Under the proviso, an opposition, appeal, or withdrawal action started within those five years counts even if its final decision comes later.

An international application needs details and documents that match the Indian basic mark. The items below are what the applicant should have ready before Form MM2(E) is prepared.

• Basic mark details: The application number and filing date of the Section 18 application, or the registration number of the Section 23 mark. The international application covers the same mark.
• Applicant details: Name, address, legal nature (individual or company), and the basis of entitlement under Section 36B(a), which is citizenship, domicile, or a real and effective establishment in India.
• Digital signature: A Class 3 Digital Signature Certificate (DSC) for signing and filing electronically under Rule 65 of the Trade Marks Rules, 2017.
• Authorisation of an agent: Form TM-M under Rule 19(1), if an agent files for the applicant.
• Image of the mark: A clear JPEG that matches the basic mark, between 3 cm x 3 cm and 8 cm x 8 cm. A black-and-white basic mark needs a black-and-white image and a colour basic mark needs a colour one. Add a colour claim, a transliteration or a translation where relevant.
• Goods and services: An English list grouped by class under the Nice Classification, 13th Edition, Version 2026 (NCL 13-2026), effective from 1 January 2026. The list cannot exceed the scope of the Indian basic mark. Broad descriptions such as “all goods in Class 25” are not accepted.
• Priority claim, if made: The office, number, and date of the earlier filing, stated in the form. The earlier filing must fall within six months of the Registry’s receipt date, and no priority document goes to WIPO.
• Designation details: The countries to designate. A second language is required for the European Union, and Form MM18 (declaration of intention to use) is required for the United States.
• Fees: The ₹5,000 handling fee paid in rupees under Rule 67, and WIPO fees in Swiss francs, calculated with WIPO’s fee calculator.

These items should match the Indian record, since the Registrar checks the application against the basic mark before certifying it on Form MM2(E).

The international trademark registration process from India involves seven steps, from filing through the Indian Trade Marks Registry to the grant or refusal of protection in each designated country:

Step 1: Search Before Filing

A search shows conflicts that can lead to refusal, because WIPO does not compare new marks with earlier marks.

• Search WIPO’s free Global Brand Database for similar marks in each target country and class.
• Run a trademark search on the Indian register for the basic mark, since the international registration depends on it.
• Check the national registers of key target countries where available.

A thorough search here reduces the chance of a refusal later.

Step 2: File Form MM2(E)

The applicant prepares Form MM2(E), the English version of the WIPO form, and files it through the Indian Registry.

• Enter the applicant details, the basic mark, the mark image, the goods and services by class, and the countries to designate.
• File electronically through the Trade Marks International Application System under Rule 65 of the Trade Marks Rules, 2017.
• Pay the handling fee in rupees electronically with the application (Rule 67). WIPO fees are paid in Swiss francs as the form’s payment section sets out.
• Attach Form MM18 if the United States is designated.

The documents section above lists everything the applicant should have ready.

Step 3: Registry Certification

The Indian Registry acts as the Office of Origin and checks the application against the basic mark under Section 36D(4) of the Trade Marks Act, 1999.

• It checks that the mark, the applicant, and the goods and services match the basic mark, and that the list is not broader.
• If everything aligns, it certifies the application on Form MM2(E), records the receipt date, and forwards it to WIPO within two months of receipt (Rule 66).
• If the application falls short, the Registrar sends a notice and holds it until the applicant complies.
• The international registration takes the Registry’s receipt date as its date, if WIPO receives the application within two months of that date. Otherwise, WIPO’s receipt date applies (Article 3(4) of the Protocol).

Once forwarded, the application passes to WIPO for its formal review.

Step 4: Formal Examination by WIPO

WIPO’s International Bureau reviews the application for form and fees only.

• It checks that the form is completed correctly, that goods and services are classified under the Nice Classification, and that fees are paid in full.
• WIPO sends an irregularity notice if something is wrong. Depending on the type of irregularity, the applicant fixes it directly (for example, by paying missing fees) or responds through the Indian Registry (for example, on classification or the wording of goods and services).
• It records the mark in the International Register once the application is in order.

Next, WIPO publishes the registration and notifies the designated countries.

Step 5: Publication and Notification

WIPO makes the registration public and passes it to each designated country.

• It publishes the mark in the WIPO Gazette of International Marks.
• It issues the certificate of international registration.
• It notifies the trademark office of each designated country.
• The holder can check the international trademark status and each country's decision through WIPO's Madrid Monitor.

Important: This does not mean the trademark is protected yet. It only means the application has been accepted and sent to the selected countries for examination.

Step 6: Examination by Each Country

Each designated country examines the mark under its own national law.

• A country must notify any refusal within one year, or within 18 months if it has declared that period (Article 5(2)(a) and (b)). A country that made a further declaration may notify a refusal based on an opposition after 18 months (Article 5(2)(c)).
• A provisional refusal, for example for similarity to a local mark, gives the holder a chance to respond under that country’s rules.
• Many countries handle the response through a local representative.

Protection follows if there is no refusal or once the holder overcomes it.

Step 7: Protection in Each Country

Protection takes effect country by country.

• If a country notifies no refusal within its period, the mark has the same protection as a mark registered directly there (Article 4).
• WIPO records each country’s decision in the International Register.
• The holder has protection only in the countries that grant it.

Keep in mind: For the first five years, the international registration depends on the Indian basic mark. Under Section 36D(5), protection ceases to the extent that the mark is withdrawn, cancelled, expires, or finally refused. The proviso extends this to an opposition, appeal, or withdrawal action started within the five years, whose final decision counts as taking place within the period. Protecting the Indian registration, including filing a strong trademark objection reply if the basic mark is objected to, therefore matters as much as the international filing.

WIPO charges a basic fee of 653 CHF for black-and-white marks and 903 CHF for color marks. Additional designation fees apply for each country. The Indian Registry also charges a ₹5,000 handling fee. Professional charges, if any, are separate. The breakdown below shows each payment:

Fee Paid in INR to the Indian Registry

The Registry charges a handling fee of ₹5,000 for certifying the application and forwarding it to WIPO, paid in Indian rupees electronically with the application (Rule 67 of the Trade Marks Rules, 2017).

Fees Paid to WIPO in Swiss Francs (CHF)

WIPO receives its fees in Swiss francs, and the schedule below applies as in force from 1 February 2023. The table lists each component:

Applicants whose country of origin is on the United Nations list of Least Developed Countries pay 10% of the basic fee, which is 65 CHF or 90 CHF. India is not on that list, so the full basic fee applies.

International Trademark Registration Cost Example

This example shows how the fees add up for a black-and-white mark in four classes, designating three countries that charge the complementary fee.

• Basic fee: 653 CHF
• Supplementary fee for the fourth class: 100 CHF
• Complementary fees for three countries: 300 CHF
• WIPO total: 1,053 CHF, plus the ₹5,000 handling fee and any professional charges

The total changes if any designated country charges an individual fee, since that replaces its complementary fee. WIPO’s fee calculator gives the exact amount for a chosen set of countries and classes.

Factors That Affect International Trademark Registration Cost

Four things move the total up or down. The points below explain each one:

• Number of countries: Each designated country adds a complementary or individual fee.
• Number of classes: Coverage beyond three classes adds a supplementary fee, and individual fees may also depend on classes.
• Use of color: A color mark carries the higher basic fee of 903 CHF.
• Later changes: Adding a country later by subsequent designation costs a 300 CHF basic fee plus 100 CHF per complementary-fee country. Renewal after ten years costs a 653 CHF basic fee, plus supplementary and complementary fees, with a 50% surcharge on the basic fee in the six-month grace period.

An international registration under the Madrid System is valid for ten years from its registration date. It can be renewed for further ten-year periods under Section 36G(1) of the Trade Marks Act, 1999, and Article 7(1) of the Protocol.

How to Renew an International Trademark Registration?

The holder renews directly with WIPO, and a single request covers the designated countries the holder lists.

• File the renewal request through the eMadrid workbench with a WIPO account, or on Form MM11 under Rule 30 of the Common Regulations. WIPO recommends E-renewal.
• Renew within the window. The earliest date is six months before the ten-year term ends, and a grace period of six months applies after expiry on payment of a surcharge (Section 36G(2)).
• List every designated country to be renewed. A country the holder leaves out is not renewed, and renewal cannot change the registration (Article 7(2)).
• Pay the renewal fees to WIPO in Swiss francs. WIPO checks formalities only, records the renewal in the International Register and sends a Certificate of Renewal.

Reminder: Six months before expiry, WIPO sends an unofficial reminder to the holder and any representative (Article 7(3)). The holder should track the date independently, since the reminder carries no legal weight.

International Trademark Renewal Costs and Planning

International trademark renewal fees depend on the number of designated countries and trademark classes. WIPO charges renewal fees in Swiss francs (CHF), while the Indian basic mark requires separate renewal.

The Indian basic mark must remain effective during the five-year dependency period under Section 36D(5). Use the WIPO renewal fee calculator to confirm the applicable charges before payment.

A few avoidable mistakes commonly cause delays, irregularity notices, or refusals. The points below cover the most frequent ones:

• Choosing a weak mark: A mark that is generic or describes the goods, such as “Sweet Chocolate” for chocolates, can fail under Section 9(1) of the Trade Marks Act, 1999 in India and under similar rules abroad. A weak basic mark also puts the international registration at risk.
• Skipping the trademark search: Filing without checking WIPO’s Global Brand Database risks a conflict with an earlier mark, since WIPO checks formalities only and each country examines the mark itself.
• Incorrect classification: Goods and services must be grouped by class under the Nice Classification edition in force, which has 45 classes. Expressions such as “all goods in class 25” are not accepted, and errors lead to irregularity notices and classification fees.
• Goods broader than the basic mark: The international list cannot go beyond the Indian application or registration.
• Details that do not match the basic mark: A different name, address, image, or color claim can lead the Registrar to withhold forwarding and send a notice (Rule 66).
• Missing country-specific forms: Designating the United States needs Form MM18, and a defect not fixed within two months of the Registry’s receipt date means the US designation is disregarded.
• Forgetting central attack: For five years, the international registration depends on the Indian basic mark. Under Section 36D(5), protection ceases to the extent the basic mark is withdrawn, cancelled, expired, or finally refused. Keep the Indian mark renewed through trademark renewal under Section 25 and defend it against oppositions.
• Assuming automatic protection: WIPO recording the application does not mean protection exists in every designated country. Each country can notify a refusal within one year, or 18 months where it has declared that period (Article 5).
• Missing deadlines: Each country sets its own time to answer a provisional refusal, and renewal falls due every ten years with a six-month grace period.