International Trademark Registration Under the Madrid Protocol

A trademark gives a business its public face. It could be a word, symbol, number, phrase or a mix of all these. Once registered, it becomes the mark that helps customers tell your goods or services apart from others. Trademark registration also protects the mark from unauthorised use.

There is one catch. Trademark rights stop at the country’s borders. A mark registered in India has no automatic protection abroad. If a business plans to sell or license its product outside India, it needs international trademark protection. This is where the Madrid Protocol steps in.

What Is the Madrid Protocol

The Madrid Protocol is a global system that allows trademark owners to seek protection in multiple countries through one application. It was adopted in 1989 to simplify international filings. India joined the system in 2013, and the Trade Marks Act was updated to support it.

Today, the Madrid Union covers more than 120 countries. A business with operations in India can file a single application at the Indian Trade Marks Registry, which acts as the Office of Origin. Once cleared, the application goes to the World Intellectual Property Organization (WIPO) in Geneva for international processing.

For example, Micromax secured protection in more than 110 countries through the Madrid Protocol.

Pre-Requisites for International Trademark Registration

Before applying for a trademark under the Madrid Protocol, the applicant must meet a few basic conditions.

• The applicant must be a citizen of India, domiciled in India, or have a real and effective industrial or commercial establishment in India.
• The trademark must already be filed or registered in India. This national filing becomes the foundation for the international application.
• The international mark’s spelling, design, colour claim, and format must match the Indian filing exactly.
• The goods and services in the international application cannot exceed the scope of the Indian filing. They may only be narrower, never broader.
• Classification must follow the Nice Classification system, which the Indian Registry checks before certifying the international application.
• The applicant must choose one or more Madrid member countries where protection is needed.

Once these points are in place, the international trademark filing process can begin.

International Trademark Registration Process Under the Madrid Protocol

Step 1. Conduct a Trademark Search

A strong trademark search helps avoid delays. The applicant can use WIPO’s Global Brand Database to check for existing marks in the chosen countries. If a matching mark is already there, the international registration may be denied.

For searches within India, you can follow this simple guide and find out whether your trademark is available or not: How to Check if Your Trademark is Available in India

Step 2. File the Application in India

To file an international trademark under the Madrid System, you must begin with a valid Indian filing. The process moves in two parts, each with a different form and purpose.

Start with the Domestic Filing

Your first step is Form TM-A, which creates the basic mark in India. This filing anchors your international application, and every detail in the global form must match the TM-A record.

Key points

• TM-A protects your mark only in India
• It acts as the “home application” for the Madrid Protocol
• You cannot file internationally without this domestic base

Note: For the first five years, the international registration depends on the Indian application or registration. Any change or refusal in the basic mark during this period may affect the international registration.

Move to the International Application

Once TM-A is filed or registered, you can proceed with Form MM2(E).

What MM2(E) does

• Requests protection in several Madrid Protocol countries through one application
• Madrid filings use a single application route, but the total fee includes WIPO’s basic fee plus country-wise fees and an Indian handling fee
• Allows you to select multiple countries at the same time

How MM2(E) Is Filed

• The form is submitted online through the IP India portal (manual process is not allowed)
• A handling fee is paid at the time of filing
• The Indian Trade Marks Registry (Office of Origin) checks that the MM2(E) information matches the TM-A record

The Indian Registry checks the classification, applicant details, and chosen member countries. Any mismatch leads to an irregularity notice and delays transmission to WIPO.

If you want a clearer look at how to file your IP application to WIPO, our guide walks you through the whole process: How to Submit your International IP Application at WIPO?

What Happens Next

• If everything aligns, the Registry certifies the application and sends it to WIPO
• If there are mismatches, the Registry issues a notice so the applicant can correct the errors

Step 3. Examination by WIPO

WIPO checks the application for formal compliance. WIPO reviews the application to check that it meets the basic requirements. If everything is correct, the trademark is added to the International Register and published in the WIPO Gazette.

After publication, it is sent to the chosen member countries. If payment amounts, category labels, or country codes are incorrect, WIPO may issue a correction request. This must be fixed by the deadline or the application may lapse.

Step 4. Examination by Designated Countries

Each chosen country examines the mark as per its domestic trademark laws. They have 12 to 18 months to report their decision.

Two outcomes are possible.

• Acceptance. The country issues a grant of protection.
• Refusal. The country issues objections based on conflict with existing marks, descriptive elements, or other legal grounds.

If a refusal is issued, the applicant must respond directly to that country’s trademark office. WIPO does not participate in prosecution or hearings.

Step 5. Grant of International Trademark Registration

Once accepted, the mark receives protection for ten years in each designated country. These 10 years are calculated from the date of international registration, regardless of when individual countries grant protection.

WIPO then issues a grant confirmation, which serves as proof of the registration. Renewal is done directly through WIPO, making the process easy even when the mark is protected in many countries.

Why International Trademark Registration Matters

Strong Legal Protection

A registered mark gains legal recognition in each selected country. If someone misuses the mark or launches a similar branding attempt, the owner can take action based on local laws.

Wider Business Opportunities

A recognisable mark builds value. Once the mark is protected abroad, it becomes easier to negotiate licensing arrangements or partnerships. Many global companies earn significant revenue through cross-border trademark licences.

A Consistent Global Identity

International protection ensures that your brand remains intact wherever it appears. This avoids customer confusion and stops others from riding on your reputation.

Helpful for Online Sellers

Online businesses often reach buyers across the world. Once the brand gains traction, copycats tend to appear. International trademark registration provides a solid shield against misuse in foreign markets.

Protects the Brand During Export or Import

Exporters face a special risk. A foreign distributor or competitor may try to register the brand first in its home country to block shipments or claim ownership. International registration prevents such attempts and gives clear legal authority to the real owner.

Costs and Practical Points to Consider

A Madrid application offers wide coverage, but a few practical factors should be kept in mind.

• Fees change based on the number of countries selected and their individual fee structures.
• Each designated country runs its own examination, which can result in objections.
• If an objection is issued, a local attorney in that country may be required to handle the reply.
• A strong, conflict-free brand name helps avoid refusals, so a thorough search across major jurisdictions is wise before filing.

Conclusion

Internationally registering your trademark under the Madrid Protocol offers a smooth way to protect a brand across borders. A single filing can secure rights in many countries, support expansion, and guard against misuse in foreign markets. For businesses planning to grow globally or sell online, this step is no longer optional. It is a practical investment in long-term brand security.

That is why it helps to secure a strong trademark in India first, since a solid domestic registration becomes the starting point for anyone considering international protection later. Our experts at LegalWiz.in can guide you through the Indian trademark process and help you protect your mark without any hassle.