For Indian businesses with global ambitions, international trademark protection is essential. The Madrid Protocol provides a streamlined way to register your trademark in multiple countries through a single application. India joined Madrid Protocol in 2013, making global IP protection accessible to Indian businesses.
Madrid Protocol Basics
What It Is
The Madrid Protocol (1989) is an international treaty administered by WIPO that simplifies trademark registration across multiple countries.
How It Works
- You have an Indian trademark application/registration
- File a single international application through Indian Trademark Office
- Designate countries where you want protection
- WIPO forwards to designated countries
- Each country examines as per their laws
- Protection in each country (if approved)
Member Countries
130+ countries including:
- Major markets: USA, UK, EU, China, Japan, Australia, Canada, South Korea
- Asia: Singapore, Vietnam, Indonesia, Thailand, Philippines
- Middle East: UAE, Saudi Arabia, Qatar, Kuwait
- Africa: Egypt, Morocco, Kenya, Nigeria
- Latin America: Mexico, Brazil, Colombia
Eligibility — Who Can File
Required: India Connection
You must have ONE of:
- Indian nationality
- Indian residence
- Real and effective industrial/commercial establishment in India
Required: Basic Indian Trademark
Need either:
- Indian trademark APPLICATION (filed but not registered yet), OR
- Indian trademark REGISTRATION (granted)
The international application must be IDENTICAL to the basic Indian application/registration.
Madrid Protocol Process
Step 1: File Indian Trademark
If not already filed, register Indian trademark first. Or file Indian application + Madrid application simultaneously.
Step 2: Prepare Madrid Application
Required:
- Form MM2 (international application)
- List of countries to designate
- Goods/services list
- Mark representation
- Fee calculation
Step 3: Submit to Indian Trademark Office
- File through ipindia.gov.in
- Pay handling fee (₹2,000)
- Indian office certifies and forwards to WIPO
Step 4: WIPO Processing
- WIPO records international registration
- Issues international registration number
- Forwards to designated countries
- Publishes in WIPO Gazette
Step 5: National Examination
Each designated country:
- Examines independently per local laws
- May raise objections (refusal period varies)
- Can grant or refuse protection
- Standard refusal period: 12-18 months
Step 6: Protection Granted (or Refused)
If no refusal within set period, protection automatically granted in that country.
Going International? We Can Help
Protect your brand in 100+ countries through Madrid Protocol. Our experts handle international filings.
International TM Filing →Fee Structure
Components
| Fee Component | Amount (CHF) |
|---|---|
| Basic fee (one mark) | 653 CHF |
| For each class beyond 3 | 100 CHF |
| Country designation fee | Varies by country |
| Indian handling fee | ₹2,000 |
Country Designation Fees (Approximate)
| Country | Designation Fee (CHF) |
|---|---|
| USA | 460-490 |
| EU (all 27 countries) | 897 |
| UK | 227-454 |
| China | 249-498 |
| Japan | 355-710 |
| UAE | 368-735 |
| Singapore | 247-494 |
| Australia | 257-514 |
Realistic Cost Examples
| Strategy | Approximate Total Cost |
|---|---|
| India + USA only | ₹1.2-1.5 lakh |
| India + USA + UK + EU | ₹3-4 lakhs |
| India + 10 major countries | ₹5-8 lakhs |
| India + 20 countries (most major) | ₹10-15 lakhs |
Strategic Country Selection
Priority Markets for Indian Brands
Tier 1 — Major Export Markets
- USA — Largest consumer market
- UK — Common law country, strong protection
- EU — 27 countries with single designation
- UAE — Indian diaspora, business hub
Tier 2 — Growth Markets
- Singapore — Asian hub
- Australia — English-speaking, growing market
- Canada — Stable market
- Japan — Tech and consumer market
Tier 3 — Strategic Markets
- China — Critical but registered through China only often
- South Korea — Tech-savvy market
- Brazil/Mexico — Latin America entry
Benefits of Madrid Protocol
- Single application — Multiple countries
- Cost-effective — Cheaper than country-by-country filing
- Centralized management — One renewal date
- Easier amendments — Single point of change
- Faster processing — Streamlined administration
- WIPO oversight — Reliable international body
- Subsequent designation — Add countries later
- Renewal simplicity — One filing, multiple countries
Limitations & Considerations
1. Central Attack (5-Year Period)
If your basic Indian application is cancelled within 5 years, the international registration falls. Mitigation: Convert to national applications (transformation) within 3 months.
2. Country-Specific Rules
Each country examines per their laws. Refusals possible. May need local agents for response.
3. Not All Countries Covered
Major absences: Hong Kong, Taiwan, some African countries. Need direct national filing for these.
4. Identical to Basic Mark
International application must match Indian application exactly. Cannot expand goods/services internationally.
5. Translation Issues
Some countries require translations of goods/services. Adds complexity.
💡 Strategic Tip: Don't designate all countries unnecessarily. Each country adds fees. Focus on markets where you actually do business or plan to within 5 years.
Conclusion
Madrid Protocol is the most efficient way for Indian businesses to obtain international trademark protection. While not perfect (limitations exist), it dramatically reduces complexity and cost compared to filing country-by-country. For any Indian business with global ambitions, Madrid Protocol filing should be part of the IP strategy. The investment pays off many times over in international markets.