Madrid System for International Trademark Registration: 2026 Guide

Key Takeaways

• Trademark owners can file a single international application to seek protection across 116 member jurisdictions, covering up to 132 countries globally.
• WIPO administers the Madrid System and manages international trademark registration through a centralized process.
• Applicants use one language, one application, and one set of fees to apply for trademark protection globally.
• WIPO reviews international applications for formal compliance before recording and publishing the trademark.
• Each designated country independently examines the trademark under its national laws and may accept or refuse protection.
• Applicants must maintain a base trademark in their home country for the first five years of international registration.

Who is Eligible to Register Under the Madrid System?

An applicant must establish a specific connection to a Madrid System member country to qualify for an international trademark registration. To file an application through a member country’s trademark office (the Office of Origin), the applicant must satisfy at least one of the following criteria:

• Business Presence: The applicant maintains a real and effective industrial or commercial establishment in the chosen member country.
• Domicile: The applicant holds a legal domicile or permanent residence within that territory.
• Nationality: The applicant holds citizenship or nationality of that member country.

Additionally, the applicant must already possess a pending domestic trademark application or an active registration with that same national trademark office before initiating the international process.

Madrid Agreement vs Madrid Protocol: Key Differences

While both treaties form part of the Madrid System, the Madrid Protocol serves as the primary framework for international trademark filings today. The table below highlights the key practical differences between the two treaties. 

Factor	Madrid Agreement (1891)	Madrid Protocol (1989)
Primary language	French only	English, French, or Spanish
Home registration requirement	Must hold a registered trademark in the home country	Can file based on a pending application in the home country
Refusal period for member states	12 months	18 months (extendable)
India’s accession	Not a member	Member since July 2013
Current status	Limited practical use	Primary instrument used globally

How Does the Madrid System Work? Core Mechanism

The Madrid System does not create a single global trademark that is automatically enforceable in all member countries. Instead, it creates a bundle of national trademark applications that each member country processes independently under its own trademark law. 

The key steps of the process are:

1. The applicant files one international application based on an existing trademark registration or pending trademark application in the home country.  
2. WIPO reviews the application for formalities and registers the mark in the International Register if it meets all requirements.
3. WIPO notifies each country designated by the applicant of the international registration.
4. Each designated country examines the mark under its national trademark law. Under the Madrid Protocol, countries generally have 12 months to issue a refusal, although many extend this period to 18 months. The examination period may extend further if a third party files a trademark opposition.  
5. If a designated country issues no refusal within the applicable period, the trademark receives protection in that country through deemed protection, also known as a tacit grant. 

How Can Indian Applicants File an International Trademark Application?

The process begins at the Indian Trade Marks Registry and is completed through WIPO. The steps are as follows:

Step 1: Hold a Base Trademark Registration or Application in India

An Indian applicant must first hold a registered trademark or a pending trademark application with the Indian Trade Marks Registry. The international application must be based on this national trademark and cover the same goods and services listed in the home application or registration.

Note: Under Article 6(3) of the Madrid Protocol, international trademark registration depends on the Indian base application for the first five years. If the Indian mark is refused, cancelled, or withdrawn during this period, the international registration may also be cancelled or restricted in other countries (central attack).

Step 2: Conduct a Trademark Search

Before filing, applicants can search WIPO’s Global Brand Database and relevant national trademark databases, such as the Trade Marks Registry in India. This search helps identify potentially conflicting trademarks and reduces the risk of objections, refusals, and unnecessary filing costs.  

Tip: Use a Trademark Public Search in India service to check whether your trademark is available before filing your application.

Step 3: File Form MM2(E) Through the Trade Marks Registry of India

After conducting a trademark search, applicants must: 

1. File the international application through the IP India e-Filing Portal using a valid Class 3 DSC.
2. Submit the application via the IAOI (International Application Originating from India) module, which generates WIPO Form MM2(E). 
3. Pay a ₹5,000 handling fee to the Indian Registry. Pay WIPO filing and country designation fees separately in Swiss Francs (CHF).

The Indian Trade Marks Registry acts as the Office of Origin, verifies the application details, certifies the filing, and forwards it to WIPO.  

Step 4: WIPO Reviews and Registers the Mark

WIPO reviews the application for formal compliance within 3 to 6 months of receipt. If the application meets all requirements, WIPO: 

• Records the mark in the International Register.
• Publishes the application in the WIPO Gazette of International Trademarks.
• Notifies each designated member country.

Note: WIPO’s registration does not guarantee trademark protection in the designated countries. In fact, each country must separately examine and approve the mark under its national laws.

Step 5: Examination by Designated Countries

Designated countries independently review the international application under local trademark laws and must notify WIPO of any provisional refusal within 12 to 18 months. However, local third parties can extend this timeline significantly if they formally file a trademark opposition during publication. If a country issues no refusal within this window, your mark automatically receives protection under a tacit grant.

If a designated nation issues an objection or refusal, you must respond directly to that specific trademark office. Most foreign jurisdictions prohibit self-representation for overseas applicants, so overcoming a refusal requires hiring a licensed local trademark attorney.

Cost of Trademark Filing Under the Madrid System

Filing a trademark internationally involves both domestic handling charges and international fees, which vary based on your selected countries and classes.

To begin the process, the Indian Trade Marks Registry charges a statutory handling fee of ₹5,000 to process and forward your application. All subsequent international fees are payable directly to the WIPO in Swiss Francs (CHF) via credit card, bank transfer, or a WIPO Current Account:

Fee Component	Amount in Swiss Francs (CHF)	Approximate Amount in Indian Rupees
Basic Fee (Black & White Mark)	CHF 653	~₹77,600
Basic Fee (Color Mark)	CHF 903	~₹1,07,500
Supplementary Fee (Per class beyond the first three)	CHF 100	~₹11,900

Beyond these basic costs, applicants must also pay individual destination country designation fees. Most member nations charge these separate fees for examining and protecting trademarks within their borders. 

WIPO collects these payments on behalf of each country. The exact amount varies by jurisdiction, so use the WIPO Fee Calculator to determine precise costs based on your chosen countries and classes.

Note: If a designated country’s trademark office issues an objection or refusal, the applicant may need to appoint a local trademark attorney in that country and bear the additional legal costs of responding.

Important Limits of the Madrid System

The Madrid Protocol provides significant convenience but carries important limitations that every applicant must understand before filing:

• Central attack risk: If the base trademark in India is cancelled or refused within five years of the international registration date, all protection granted under that international registration automatically falls away in all designated countries. This is known as a central attack.
• Transformation Safeguard: If a central attack cancels the international mark, applicants can transform the registry listing into separate, direct national applications within each designated country. This request must be filed locally within 3 months of the official WIPO cancellation date. However, the applicant must pay full local filing fees to each individual country registry.
• No uniform protection: Each designated country applies its own trademark law, so approval in one country does not guarantee approval in others.
• Limited control after refusal: Responding to provisional refusals in designated countries requires engaging local trademark attorneys, which adds cost and complexity.
• Renewal cycle: An international trademark registration is valid for ten years from the date of registration and must be renewed every ten years through WIPO.

Need expert help to register your trademark internationally under the Madrid System? We, at RegisterKaro, simplify the entire process, from trademark search and filing to WIPO compliance and multi-country protection. Contact us today to secure your brand globally with accurate filing support and end-to-end assistance!

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