Madrid Protocol India: International Trademark Registration from India in 130+ Countries (2026)
✅ Quick Answer: The Madrid Protocol lets Indian businesses extend their trademark to 130+ countries through a single application filed via IP India and WIPO. You must have an Indian trademark application or registration first. Filing within 6 months of India filing preserves your Indian priority date in all designated countries.
What Is the Madrid Protocol?
The Madrid Protocol (formally the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks) is administered by WIPO (World Intellectual Property Organization) in Geneva. It allows trademark owners to protect their mark in up to 130+ member countries through a single application — the 'International Application' — filed via their home country's trademark office.
India joined the Madrid Protocol in 2013. Indian businesses can now use IP India to file internationally without approaching each country's trademark office separately.
India joined the Madrid Protocol in 2013. Indian businesses can now use IP India to file internationally without approaching each country's trademark office separately.
Step-by-Step: Filing a Madrid Protocol Application from India
- Have an Indian trademark application or registration: You must have a 'basic mark' — an active Indian trademark application (TM-A filed) or registration — before filing internationally under Madrid.
- File MM2 (International Application) via IP India: Download Form MM2 from WIPO website. Submit to IP India's Madrid Cell along with your basic mark details.
- IP India certifies and transmits to WIPO: IP India certifies your basic mark and transmits the application to WIPO in Geneva.
- WIPO examination: WIPO examines the application for formal compliance, assigns an international registration number, and publishes in the WIPO Gazette.
- Designated country examination: Each country you designated then examines the mark under their national laws. They may approve or raise objections within 12–18 months.
- Protection granted country by country: Countries that approve your mark grant national trademark protection.
Paris Convention Priority: The 6-Month Window
The most strategically important feature of Madrid Protocol combined with Indian filing:
- File your trademark in India first
- Within 6 months of the India filing date, file your Madrid Protocol international application
- All designated countries will treat your application as if it was filed on your India filing date — not the later Madrid date
- This means anyone who filed in a designated country after your India filing date but before your Madrid date will have lower priority than you
- After 6 months, you lose this priority advantage
WIPO Fees: How Much Does Madrid Protocol Cost?
Madrid Protocol fees have three components:
- Basic fee: 653 CHF (Swiss francs) for one class, black & white mark. Additional 903 CHF for colour mark.
- Additional class fees: 100 CHF per class beyond the first
- Individual country fees: Each designated country charges its own 'individual fee' (not all countries) — varies from 50 CHF to 500+ CHF per country
Which Countries Are Most Important for Indian Exporters?
Top designations for Indian trademark filers by export priority:
- United States (USPTO): Largest market; requires proof of use; long prosecution — consider direct US filing for primary markets
- European Union (EUIPO): Single EUTM registration covers all 27 EU countries — highest value designation
- United Kingdom (UKIPO): Post-Brexit requires separate UK designation
- UAE (Ministry of Economy): Critical for Gulf market; relatively simple examination
- Australia, Canada, Japan, Singapore: Key for exporters in APAC and Commonwealth markets
Frequently Asked Questions
Do I need an Indian trademark before filing Madrid Protocol?
Yes — a 'basic mark' (an active Indian trademark application or registration) is mandatory before you can file a Madrid Protocol international application through IP India.
How long does international trademark protection last under Madrid Protocol?
10 years from the date of international registration, renewable for further 10-year periods. Renewal is done centrally through WIPO for all designated countries simultaneously.
Can I add more countries later to my Madrid Protocol application?
Yes — you can file a 'subsequent designation' to add more countries to your existing international registration at any time, paying the applicable fees for the new designations.
What happens if my Indian basic mark is rejected?
If your Indian basic mark is refused or abandoned within 5 years of the international registration date, the international registration is also cancelled ('central attack'). After 5 years, the international registration becomes independent of the basic mark.
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