International Trademark Registration in India

Imagine you have created a unique brand. It could be a catchy name for your new software, a cool logo for your fashion line, or a special jingle. In India, you have protected this brand by registering it as a trademark.

But what happens when you want to expand overseas? How do you stop someone in another country from copying your brand name or logo?

An Indian trademark offers protection only within the country. To safeguard your brand globally, you need International Trademark Registration. This process allows you to secure your trademark rights in multiple countries through a single application, ensuring your brand stays protected as your business grows across borders.

What is International Trademark Registration?

A trademark is the core of your brand's identity. It’s a sign that tells customers, 'This product or service originates from a specific company and meets a certain standard of quality.' It can be a name, a logo, a slogan, or even a sound.

When you register a trademark in India, you get the exclusive right to use it in India. This means no one else in India can use a similar mark for similar goods or services. This protection is 'territorial,' meaning it's limited to the geographic borders of India.

International Trademark Registration is the process of getting the same protection in other countries. It extends your brand's legal protection beyond India's borders. It gives you the exclusive right to use your trademark in the specific countries you choose.

To apply for international trademark protection, businesses use the Madrid System, administered by the World Intellectual Property Organization (WIPO). Businesses can access eMadrid through the WIPO IP Portal (ipportal.wipo.int) or directly via eMadrid’s official site (wipo.int/web/emadrid/).

Why Does Your Business Need International Trademark Registration?

Small business owners often wonder if international registration is necessary. For any business with online sales or global ambitions, the answer is a resounding yes. Here’s why it's so important:

• Protect Your Brand When You Sell Abroad: If you want to sell your products or services in other countries, you need to protect your brand there. Without international registration, anyone can copy your name or logo, causing confusion for your customers and damaging your reputation.
• Secure Your Online Presence with International Registration: In today's digital world, your business is already global. Your website can be seen by people anywhere. If you sell products online, customers from other countries can buy from you. International trademark protection ensures your brand is safe and cannot be misused as your online reach grows.
• To Prevent "Trademark Squatting": Trademark squatting is a serious issue in international business. Someone in another country may notice your growing brand in India and register it in their own country before you do. Later, they can block your entry into that market or demand a hefty payment to release the trademark rights. By registering your trademark internationally in advance, you secure your brand and prevent such costly legal and business hurdles.
• Building a Global Brand: If your dream is to build a brand that is recognized worldwide, then international registration is a must. It is a fundamental step in creating a strong, global brand identity.

In short, international trademark registration is not just for big companies. It is an essential step for any business that wants to grow, sell online, or protect its future plans.

Protecting your brand in other countries is a smart business move. It brings many powerful benefits that can help your business grow and succeed on the global stage. Let's look at some of the key advantages:

Legal Safeguard

An international trademark is like a legal shield for your brand in other countries.

• Exclusive Rights: It gives you the sole right to use your brand name and logo in the countries where you have registered it.
• Power to Stop Copycats: If someone in another country tries to use your trademark, you can take legal action to stop them. You can sue them for damages and prevent them from using your brand.
• Peace of Mind: Knowing your brand is legally protected allows you to invest in marketing and building your business in new countries with confidence.

Builds Business Value & Trust

A strong brand is one of the most valuable assets of a company. International trademark registration significantly increases this value.

• It's an Asset: A registered international trademark is a piece of intellectual property that has real financial value. You can sell it, license it to others, or use it as security for a loan.
• Attracts Investors: When investors see that you have protected your brand in key markets, it shows them that you are a serious and forward-thinking business. This makes them more likely to invest in your company.
• Builds Customer Trust: When customers in another country see the ® symbol next to your logo, it signals that you are a legitimate and established brand. This builds trust and makes them more likely to buy your products.

New Business Opportunities

An international trademark can open doors to new and exciting business opportunities that you might not have considered.

• Licensing and Franchising: You can give another company the right to use your trademark in a specific country in exchange for a fee. This is called licensing. Alternatively, you can expand by establishing franchise outlets. Both options allow you to generate revenue and grow your brand presence without the need to set up your operations in every market.
• Partnerships and Collaborations: Having a protected brand makes you a more attractive partner for other businesses. Companies in other countries might want to partner with you to distribute your products or collaborate on new projects.

Protects During Export/Import

When you send your products to another country, they have to pass through customs. A registered trademark can make this process much smoother.

• Easier Customs Clearance: Customs officials in other countries can verify your registered trademark. This can help prevent your goods from being stopped or seized as counterfeit products.
• Stopping Counterfeit Imports: You can also use your international registration to ask customs authorities to stop any fake products with your brand name from entering the country. This protects your market from being flooded with cheap imitations.

To apply for international trademark protection from India, you must fulfill at least one of the following conditions:

1. You are a citizen of India.
2. You have a business in India. This means you have a real and effective industrial or commercial establishment in India. It could be your factory, your office, or your main place of business.
3. You are "domiciled" in India. Domicile is a legal term that means India is your permanent home, the place you always intend to return to.

If you meet at least one of these criteria, you are eligible to use the international system to protect your trademark, starting from India.

Now, let's talk about the system that makes all of this possible. You might hear lawyers and consultants talk about the "Madrid Protocol." It sounds complicated, but the idea behind it is very simple: to make international trademark registration easier and cheaper.

What is the Madrid System?

Imagine you want to protect your trademark in 10 different countries. In the old days, you would have had to:

• Hire a lawyer in each of the 10 countries.
• Fill out 10 different application forms in 10 different languages.
• Pay 10 different sets of fees in 10 different currencies.
• Manage 10 different renewal deadlines.

It was a nightmare! The overall process was expensive, slow, and very complicated.

The Madrid System (governed by the Madrid Protocol) changed all of that. It is a centralized system that allows you to file one single application, in one language, and pay one set of fees to apply for trademark protection in up to 120+ member countries. It’s like getting a master key that can open many different locks, instead of having to carry a huge bunch of separate keys.

This system is managed by the World Intellectual Property Organization (WIPO), which is an agency of the United Nations based in Geneva, Switzerland. WIPO oversees the global administration of intellectual property rights, including trademarks, patents, copyrights, and designs, ensuring their protection across international borders.

The Advantage of India's Membership in the Madrid Protocol

India joined the Madrid Protocol on July 8, 2013. This was a game-changer for Indian businesses.

As a member of the Madrid Protocol, India gives its businesses a powerful advantage; they can secure international trademark protection right from their doorstep. With just one application filed through the Indian Trademark Office, you gain access to over 120 countries, making global brand expansion simpler, faster, and far more affordable.

Here’s how it helps you directly:

• Saves Money: It is much cheaper than filing separate applications in each country.
• Saves Time: The process is much faster. You file one application, and WIPO does the work of sending it to all the countries you choose.
• Simple Management: You can manage your entire international trademark portfolio through a single online system. Renewals are also centralized. You pay one renewal fee for all your designated countries.

Thanks to the Madrid Protocol, the dream of protecting your brand globally is now a realistic and affordable goal for small and medium-sized businesses in India.

Earlier, registering a trademark in 10 countries could cost around ₹5–8 lakhs, due to separate filings, language translations, and agent fees.

Example of Cost Savings: Registering a trademark in five countries under the Madrid Protocol typically costs around ₹1.5 to ₹2.5 lakhs. This includes:

• WIPO basic fee for a black-and-white mark (~CHF 653 / ₹61,000)
• Designation fees for five countries (~CHF 500 / ₹47,000)
• Indian government handling fee (~₹5,000)

Compared to the old system, this method offers up to 60–70% savings, especially beneficial for startups and SMEs eyeing global expansion.

Before you can use the Madrid System, you need to have your foundation ready in India. There are a couple of essential things you must have in place first. These are called prerequisites.

a. A 'Basic Mark' in India

An international application cannot be filed independently; it must be linked to a domestic trademark.

This means you must have either:

A Registered Trademark in India: You have already gone through the process, and your trademark is officially registered with the Indian Trademark Office.

OR

A Pending Trademark Application in India: You have filed an application to register your trademark in India, and it is currently being examined by the office.

This Indian trademark application or registration is called your "basic mark." Your international application will be linked to this basic mark. The details in your international application (like the trademark itself and the list of goods/services) must be the same as in your basic Indian mark.

b. Domiciled in India

As discussed earlier, you must have a connection to India. You need to be a citizen, have a business here, or be domiciled in India. The Indian Trademark Office is your "Office of Origin." You will file your international application through this office.

In summary, the two key prerequisites are:

1. Have a trademark application or registration in India.
2. Have a real connection to India (as a citizen or business).

The beauty of the Madrid System is that it requires very little paperwork compared to the old system. The main document is the application form itself.

However, to fill that form correctly, you will need to have information from these documents handy:

• A copy of your Indian Trademark Application or Registration Certificate: This is to get the correct application number and details of your basic mark.
• Identity and Address Proof of the Applicant: This could be your PAN card, Aadhaar card, or company incorporation certificate.
• Power of Attorney (Form TM-48): If you are using a trademark attorney or an agent to file the application for you, you need to sign this form to give them the authority to act on your behalf.
• A digital image of your trademark/logo, if it is a device mark.

The main work is in filling the MM2(E) form accurately, not in gathering a large pile of documents.

Now, let's walk through the actual steps of the process. We will break it down into a simple, step-by-step journey.

Step 1: Trademark Search on the WIPO’s Global Brand Database

Before you spend any money, it's a very good idea to search. You need to check if a similar trademark already exists in the countries where you want to apply.

WIPO has a free online tool called the Global Brand Database. You can use this to search for trademarks in many countries at once. Doing a thorough search can save you from applying for a mark that is likely to be rejected, saving you time and money.

Step 2: File international trademark registration application in Form MM2(E)

Once you are ready, you start the process by applying to the Indian Trademark Office.

• The Form: The application form is called MM2(E). The "(E)" stands for English.
• What's in the form? You will fill in details about yourself, your basic Indian trademark, and most importantly, you will list the countries where you want protection. These are called "designated countries."
• Where to file? You file this form with the Indian Trademark Office. You also have to pay a handling fee to the Indian office for checking and forwarding your application.

Step 3: Indian Trademark Office Verification

The Indian Trademark Office will now act as your home office. They will look at your MM2(E) application and compare it with your basic Indian mark.

They will check if:

• The trademark is the same.
• The owner's name and address are the same.
• The list of goods and services is the same or narrower than your Indian application.

If everything matches, they will certify your application and forward it to WIPO in Switzerland.

Step 4: Examination of Application by WIPO

Now your application is with WIPO. They will do a formal examination.

WIPO checks if:

• The application form is filled correctly.
• The goods and services are classified correctly according to international standards (the Nice Classification).
• The fees have been paid correctly.

If everything is in order, WIPO will record your trademark in the International Register.

Step 5: Publication and Notifying Your Chosen Countries

This is a key step. WIPO will:

• Publish your trademark in the WIPO Gazette of International Marks. This is an online publication that lets the world know about your new international registration.
• Send a certificate of international registration to the applicant (you).
• Notify the trademark offices of all the countries you designated in your application.
• Allow applicants to track the status of their application and country-wise decisions through WIPO’s ROMARIN database (Real-Time Online Monitoring of Applications and Registrations).

Important Note: Getting the international registration from WIPO does not mean your trademark is automatically protected in those countries yet. It means your application has been formally accepted and sent to them for their decision.

Step 6: Examination by Each Country's Trademark Office

Now, the trademark office in each country you designated will examine your application according to its national laws.

• Each country has a deadline (usually 12 or 18 months) to inform WIPO if they are refusing protection.
• If a country's office finds a reason to refuse your mark (for example, it's too similar to a local trademark), they will issue a "provisional refusal." You will then have a chance to respond and argue your case, usually by hiring a local lawyer in that country.
• If the office has no objections or if you overcome the refusal, they will grant protection to your trademark in their country.

Step 7: Grant of International Registration by WIPO

If a designated country does not refuse protection within the deadline, your trademark is considered protected in that country. WIPO will record the grant of protection in the International Register and will notify you.

You will then have a registered and enforceable trademark in each of the countries that granted protection.

Understanding the cost is very important for any business. The fees for an international trademark application are paid in two parts.

Part 1: Fee Paid in INR to the Indian Trademark Office

This is a small handling fee that you pay to the Indian Trademark Office for verifying your application and sending it to WIPO. This fee is paid in Indian Rupees (INR).

Part 2: Fees Paid to WIPO in Swiss Francs (CHF)

This is the main part of the fee. It is paid directly to WIPO in Swiss Francs (CHF). This fee is made up of three components:

1. Basic Fee
2. Country Designation Fees
3. Supplementary Fee

Professional Fees for Expert Help

If you hire a trademark attorney or a firm like RegisterKaro to help you with the process, you will also pay them a professional fee for their services. This fee covers their expertise in conducting searches, filling out the application correctly, and guiding you through the process.

International Trademark Costs

WIPO has an online Fee Calculator on its website. It is a very useful tool to get an exact estimate of the fees before you apply.

Factors Affecting the Final Price

The total cost can vary a lot. The three main factors that will affect your final price are:

1. Number of Countries: The more countries you choose, the higher the cost.
2. Number of Classes: The more classes of goods/services your trademark covers, the higher the cost.
3. Use of Color: A color trademark has a higher basic fee than a black and white one.

An international trademark registration under the Madrid System is valid for 10 years from the date of registration. Upon expiry, the registration may be renewed for successive 10-year periods by submitting a renewal request to the World Intellectual Property Organization (WIPO). The renewal process is centralized and efficient:

• You can renew your registration for all the designated countries by filing a single renewal request with WIPO.
• You pay one set of renewal fees directly to WIPO.
• You can renew it for another 10 years, and you can keep renewing it every 10 years, forever.

WIPO will send you a reminder six months before your registration is due to expire.

The process is straightforward, but some common mistakes can lead to delays or rejection. Here are a few things to be careful about.

• Choosing a Weak Mark: A weak trademark is too descriptive (e.g., "Sweet Chocolate" for chocolates) or generic. These are very difficult to register and protect. Choose a unique, distinctive, and memorable name or logo.
• Inadequate Trademark Search: Many people skip the search to save time. This is a big mistake. If you apply for a mark that is already taken in another country, your application will be refused, and you will lose your application fees. A thorough search is a very important first step.
• Incorrect Classification: Your goods and services must be classified into the correct classes (there are 45 classes in total). If you put your product in the wrong class, your application can be rejected. This is an area where professional help is very valuable.
• Application Errors: Simple mistakes in the application form, like spelling your name wrong or entering the wrong address, can cause serious problems. Double-check every detail before you submit the form.