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Preface: This post was originally published in 2022 and has been updated on October 15, 2025, to provide you with the most current and accurate information.
Trademark registration in India can only protect your rights in India only because trademark registration is territorial in nature. To get protection in other countries, you need to file a separate trademark application.
This application can be filed either individually or through an international system known as Madrid Protocol that offers international trademark registration for several countries.
In this blog post, we shall explain how you can register your trademark internationally via Madrid Protocol.
Madrid Protocol is an international treaty that allows for registering trademarks in several countries via a single application submitted with the World Intellectual Property Organization (WIPO).
The original Madrid Agreement on international trade mark registration was established on 14 April 1891, and later, the Madrid Protocol, supplementing the Agreement, was adopted on 27 June 1989 in Madrid, which is the Capital of Spain.
India amended the Trademarks Act 1999 to align with the Madrid system. For this, the Trademarks Amendment Act 2010 was enacted on 21 September 2010 and introduced the provisions for international trade mark registration under the Protocol in India.
Via the Protocol, trademarks can be registered in countries that are part of the Madrid Union, which consists of 115 member parties. A trademark owner can secure international protection by submitting a single application either to their national trademark office or the designated office of origin.
For businesses based in India, the office of origin is the Indian Trademark Office. This office processes the international application and forwards it to the World Intellectual Property Organization (WIPO) in Geneva for recording.
Opting for the Madrid Protocol is generally more advantageous when compared to applying TM application separately in each country. The Protocol streamlines the Global TM procedure for individuals and businesses, significantly reduces administrative workloads and lowers overall costs.
Before applying for int’l trade mark registration, the trademark applicant must ensure they fulfill the following requirements:
The applicant for global TM registration must either be a resident of India, hold Indian nationality or have a genuine and active business/commercial establishment in India.
A national trademark application should have already been filed with, or a trademark must already be registered at, the Indian Trademark Registry. This national filing/registration serves as foundation for int’l application.
The list of goods and services included in the int’l application must match those specified in the national application/registration.
The applicant is required to choose one or more Madrid Protocol member countries where they want trademark protection within the international application.
The applicant should apply for an international trademark application for the same trademark that is registered with the Indian Trademark Office or mentioned in the national trademark application.
The step-by-step registration process for international trade mark is provided herein. By understanding each step, you will be able to understand what you need to do as an applicant:
Don’t apply for international TM registration right away. First, you must conduct a trademark search. You can conduct this search on WIPO’s Global Brand Database. By conducting it, you will be able to determine whether any similar or identical trademark already exists.
As an applicant, you must make sure that no Madrid Protocol country where you intend to apply for trademark registration already has a registered trademark that is the same or similar. Your application will be denied if there is already a trademark that is identical or similar.
After the trademark search, the applicant must submit the international trade mark registration application using Form MM2(E). Since the Office of the Registrar of Trademarks in India is the office of origin for Indian businesses, the applicant should submit the application for international trademark registration there.
The application will be processed and verified by the Trademarks Registrar. Then, after verification, the Registrar will submit it to the World Intellectual Property Organization (WIPO), Geneva. The applicant must submit the foreign trademark application and pay the handling fee electronically via the official IP India website.
Once the trade mark registration application gets forwarded by the TM Registrar to WIPO, the WIPO will carefully review the application. If the WIPO deems the registration application to be satisfying all the requirements, the trademark will be recorded in the international trademark register and published in the Gazette of International Trademarks.
Every Madrid Protocol member nation chosen by the applicant for trademark reg will receive a notification from WIPO about the global trademark application. Each nation will evaluate the application according to their trademark regulations and will inform WIPO of their decision within a period of 12 to 18 months, stating whether the application has been accepted or denied.
If any member countries oppose the trademark registration application, then the opposition must be submitted to WIPO (World Intellectual Property Organization) in the prescribed manner.
Then, the trademark applicant will engage in direct opposition proceedings with the relevant Madrid Protocol member nation. This process includes response, appeal, hearing and prosecution. Throughout the process, there will be involvement of WIPO.
Once the member countries accept the TM application, the trademark will be finally registered for a period of 10 years in those countries under Madrid Protocol. Upon approval of the registration application, the applicant will receive a declaration that confirms the international trademark reg of the Indian TM.
If you want to get trademark protection globally, Madrid Protocol is the most cost efficient and time saving way out there. It does away with the need of filing separate TM applications in each country and allows you to manage int’l registrations via a single process. Need assistance in National/International Trademark Registration? Connect with our Trademark Consultants at Registrationwala!
Q1. Is there a way to apply for trademark registration in different countries through a single application?
A. Yes, you can apply for trademark reg in different countries by filing a single application under Madrid Protocol.
Q2. How many member parties are a part of Madrid Union?
A. The Madrid Union consists of 115 member parties.
Q3. Is India a part of the Madrid Union?
A. Yes, India has been a part of the Madrid Union since 2013.
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