International Trademark Registration in India

The Madrid Protocol is a WIPO administered treaty to simplify the process of

filing international trademarks across multiple jurisdictions. Trademark applications can be
filed in India under the Madrid Protocol when India is either the origin country or the
designated country. If India is the origin country, the Indian Trademarks Registry (TMR) will
receive the applications for international registrations of trademark. If India is the designated
country, the international trademark application is filed with WIPO selecting India as the
designated country.

Madrid Protocol Trademark System

It can be used to file and register the trademark in the home country, for example, a resident
of India will file a trademark in India first and subsequently be able to secure wider
trademark protection globally. Once the Indian trademark application is filed before the
Indian Trademark Office, one can extend the trademark registration in other countries by
using a single trademark application. The details of the single trademark application should
include desired countries in which you want to seek trademark protection. Overall costs for
filing trademark under Madrid protocol will depend on the applicable official government
fees of the designated countries in which you are applying to register your trademark brand,
and the number of trademark classes.

The following are the main requirement for obtaining international trademark in India

 The applicant should be an Indian national or domiciled in India.

 The Applicant must have the real business in India.
 The Applicant must have Trademark application/ trademark registration of your home
country. It will be used as the basic mark for the International registration.
 The applicant must choose one or more countries which are member countries of the
Madrid Protocol Agreement.

Documents Required

 The Indian Trademark Office requires an international trademark application under

Madrid Protocol to be accompanied by an application form, power of attorney, payment of
handling fee, and payment of international designation fee (in Swiss Francs) payable to
WIPO. 

The procedure for filing an International Trademark Application

 The Trademark Application/ registration of home country is known as a basic mark

which is submitted with the international Trademark Application.
 An International Trademark application needs to be filed through the office of origin
along with the basic mark application/ registration. The application is forwarded to WIPO
after certifying the international application.
 The WIPO formally examine the international application, if approved, the mark will
record in the international register and publish in the WIPO Gazette. After which they issue a
certificate of registration and notify the contracting IP offices.
 The Trademark offices in which you want to protect you mark will conduct further
substantive examination under domestic law. Within 12 to 18 months either grant or refuse
the Trademark protection. The decision of the countries will not affect the decision of other
designated countries.