Building a brand that works only in India is fine — until your business outgrows India. The moment you export goods, sell on international e-commerce platforms, open operations abroad, or grant international franchises, your brand needs trademark protection in those markets too.
The good news: there’s a system designed exactly for this.
The Madrid Protocol
The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks — known simply as the Madrid Protocol — is an international treaty administered by the World Intellectual Property Organization (WIPO) that allows trademark owners to seek protection in multiple countries through a single international application.
India acceded to the Madrid Protocol in July 2013. Since then, Indian businesses have been able to file international trademark applications through IP India, the domestic trademark office, as the Office of Origin.
How It Works
The Madrid system is built on the concept of a “basic application” or “basic registration” in your home country. Your Indian trademark application or registration serves as this base.
You file an international application at IP India, designating the member countries where you want protection. IP India certifies the application and forwards it to WIPO in Geneva.
WIPO conducts a formal examination (checking filing requirements, not substantive registrability), assigns an international registration number, and notifies each designated national office.
Each designated country’s trademark office then examines the application under its own domestic law — the same way they would examine a direct national filing. If they find grounds for refusal, they issue a provisional refusal within 12 to 18 months (the timeline varies by country). If you don’t receive a refusal within that window, protection is deemed granted.
Coverage
The Madrid system currently has over 130 member countries. That includes the United States, the European Union (a single EUIPO designation covers all 27 EU member states), the United Kingdom, China, Japan, Australia, UAE, South Korea, Russia, Canada, Singapore, and virtually all of India’s major trading partners.
There are some important markets not in the system — Bangladesh, certain African nations, and some others — for which you’ll need to file directly with local associates.
The Core Advantages
The efficiency gains are significant:
A single application covers multiple jurisdictions. One form, one filing fee structure, one submission.
Centralised management. All your international registrations are tracked in WIPO’s Madrid Monitor under one international registration number. Changes of name, address, and ownership are recorded centrally and cascade to all designated countries.
Simplified renewal. International registrations are renewed every 10 years at WIPO. One renewal covers all designated countries simultaneously.
Cost efficiency. Filing one international application and paying per-country designation fees is considerably less expensive than filing independently in each country through local agents.
The 5-Year Dependency Rule — The Critical Trap
This is the most important risk to understand. Your international registration is dependent on your base Indian application or registration for five years from the date of international registration.
During this five-year period, if your base Indian mark is cancelled, refused, narrowed, or otherwise invalidated — the same fate befalls your international registrations to the same extent. This is called “central attack.”
A competitor who wants to eliminate your international portfolio can challenge your Indian base mark. If they succeed within the five-year window, everything falls.
After the five-year period, the international registrations become independent of the base mark. This independence is automatic — no separate action required.
The practical implication: ensure your base Indian registration is solid before you file internationally. Resolve any pending objections. Make sure the specification of goods and services is accurate and complete.
Country-Specific Examination
Remember that each designated country examines your application under its own law. Getting past WIPO’s formal examination is not a guarantee of registration in each country.
The US USPTO is known for rigorous examination. The EU EUIPO has its own distinctiveness standards. Some countries have specific local requirements — translations, local address for service, and so on.
Work with trademark attorneys who know the landscape in your key markets. Madrid Protocol applications require global coordination, not just India-level expertise.
What It Costs
WIPO charges a basic fee (currently CHF 653 for a black and white mark, CHF 903 for colour) plus per-country designation fees. The designation fees vary significantly by country — the US charges approximately USD 500 per class, while EU designation is approximately EUR 850 for the first class.
India also charges a government fee for processing the application as Office of Origin, plus any attorney fees.
The total cost depends on how many countries you designate and how many classes are involved. A typical three-country, one-class filing runs into a few lakh rupees including all fees and professional charges.
The Practical Takeaway
File internationally before you enter new markets, not after you launch. Brand disputes in foreign markets without trademark protection are expensive, time-consuming, and sometimes unwinnable.
If your business has international ambitions — even just e-commerce sales to customers abroad — a Madrid Protocol strategy should be part of your IP planning from year one.