Madrid Protocol Trademark Filing for Indian Businesses Going Global: WIPO Procedure, Fees, and Coordination with Domestic Registration
The Madrid Protocol lets Indian businesses file trademarks in 140+ countries through a single WIPO application. This post explains the procedure, official fees, and how to align it with your domestic Class registration under the Trade Marks Act, 1999.
CA Harun Raaj
Chartered Accountant · Harun Raaj & Associates
Why Madrid Protocol Matters for Indian Exporters
Your trademark is your business identity. If you're exporting goods or offering services internationally, filing it only in India leaves you vulnerable to hijacking in your target markets. The Madrid Protocol, administered by the World Intellectual Property Organization (WIPO), lets you file a single international trademark application covering 140+ countries--without filing separately in each nation.
For Indian businesses scaling globally, this is faster and cheaper than individual country filings. But it must be coordinated carefully with your domestic Class registration under the Trade Marks Act, 1999.
What Is the Madrid Protocol?
The Madrid Protocol is an international treaty. India joined WIPO's Madrid System on March 6, 2013. It allows you to:
- File one international application with WIPO instead of multiple national applications
- Cover selected countries or regions in one go
- Pay one set of official fees (in Swiss francs, converted to INR)
- Manage renewals and amendments centrally
WIPO assigns an International Registration (IR) number. This is a record, not a global trademark--each country's IP office still examines your application under its own law.
Step-by-Step Madrid Protocol Filing Procedure
Step 1: File and Secure Your Domestic Class Registration
You cannot file a Madrid Protocol application without a base application or registration in India. Under Section 18 of the Trade Marks Act, 1999, you must:
- File Form TM-A (application) with the Indian Intellectual Property Office (IPO) in your relevant class(es)
- Obtain either an examination report or an accepted application status
- OR already hold a registration certificate (Form TM-R)
Wait at least 3 months after filing your domestic application before filing Madrid. If you file before the IPO issues an examination report, your international application may be rejected.
Step 2: Engage an Indian Trademark Agent
WIPO requires that Madrid applications from India be filed through an authorized trademark agent. You cannot file directly. Approved agents in India include:
- Patent & Trademark Attorneys registered with IPO
- Firms accredited by WIPO
Your agent will prepare Form TM-2 (international application) with:
- Your domestic application/registration number and date
- Description of the mark (word, device, combination, 3D, sound, etc.)
- Goods and services under relevant International Classification (Nice Classification)
- List of countries/regions where you seek protection
Step 3: Submit Form TM-2 to WIPO via Your Agent
Your agent submits Form TM-2 to WIPO (Geneva office) along with:
- Certified copy of your domestic Indian registration certificate or examination report
- Proof of agent's authority
- Payment of official fees
WIPO issues an IR number within 1-2 months. This is your international record.
Step 4: Examination by WIPO and National Offices
WIPO conducts a formality check and international search. Then:
- Each country's IP office receives your application
- They examine it under their own trademark law
- They issue acceptance, objections, or refusal (usually 12-18 months)
- You respond to any objections through your agent
Step 5: Obtain International Registration Certificate
Once all selected countries approve, WIPO issues an International Registration Certificate. This is your proof of protection in those countries.
WIPO Official Fees (As of 2025)
Fees are set by WIPO in Swiss francs (CHF). Current structure (simplified):
- International application fee: CHF 903 (~Rs. 75,000-80,000)
- Per class fee: CHF 100 (~Rs. 8,000-9,000) per additional class
- Country/region designation fee: CHF 100-200 per country, depending on territory
Example: Filing in 10 countries for 2 classes costs approximately CHF 2,500-3,500 (~Rs. 2,00,000-2,80,000).
Your agent will charge service fees on top (typically Rs. 15,000-30,000 in India).
Coordination with Domestic Class Registration
Do NOT file Madrid before your domestic registration is secure:
- If your Indian application is rejected under Section 9 of the Trade Marks Act, 1999 (e.g., descriptive mark, no distinctive character), your Madrid application will likely fail in most countries too
- If your domestic registration is cancelled later, your international registrations may collapse
- Always ensure your domestic Class registration covers the goods/services you want internationally
Strategy: Wait for your IPO examination report (grant or acceptance) before filing Madrid. This confirms your mark is registrable under Indian law.
Key Timeline
- Domestic filing to examination report: 4-8 months
- Wait period before Madrid filing: 3 months minimum
- Madrid filing to IR number: 1-2 months
- Examination in target countries: 12-24 months
- Total: 20-40 months from domestic filing to international protection
Common Pitfalls
- Filing Madrid too early (before domestic examination is complete)
- Not listing all goods/services you intend to offer internationally
- Selecting countries without market research (unnecessary WIPO fees)
- Neglecting renewal dates (Madrid registrations last 10 years; renewal is mandatory)
Next Steps
If you're an Indian exporter ready to go global:
- Secure your domestic Class registration first
- Identify target countries (market research is critical)
- Engage a WIPO-accredited trademark agent
- File Form TM-2 with WIPO
- Monitor examination in each country
I'm CA Harun Raaj, Visakhapatnam. Reach out if you need trademark strategy linked to your export compliance and FEMA filings.
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See Also
- Trademark Registration in India: The 4-Step Process Under Trade Marks Act 1999, Class 35 for Service Businesses, and Why a CA Should Handle the IP Audit
- Copyright Registration Under Section 44 of the Copyright Act 1957: Why Software Companies Need It
- Trademark Objection Reply Under Rule 45: Common Grounds and Winning Strategies
Frequently Asked Questions
Can Indian businesses file a Madrid Protocol trademark application directly with WIPO without a domestic registration first?
No. Under Section 18 of the Trade Marks Act, 1999, you must first file Form TM-A with the Indian Intellectual Property Office and obtain either an examination report, accepted application status, or an existing registration certificate (Form TM-R). You cannot file a Madrid Protocol application without this base application or registration in India. Additionally, Madrid applications from India must be filed through an authorized trademark agent—direct filing is not permitted.
What is the minimum waiting period between filing a domestic trademark application in India and filing a Madrid Protocol application?
You must wait at least 3 months after filing your domestic application with the Indian IPO before filing a Madrid Protocol application. If you file your Madrid application before the IPO issues an examination report, your international application may be rejected.
How many countries can Indian businesses cover with a single Madrid Protocol application through WIPO?
The Madrid Protocol allows Indian businesses to file one international trademark application covering 140+ countries without filing separately in each nation. This is administered by the World Intellectual Property Organization (WIPO), which India joined on March 6, 2013.
Do I need to hire a trademark agent to file a Madrid Protocol application from India?
Yes. WIPO requires that Madrid applications from India be filed through an authorized trademark agent. You cannot file directly with WIPO. Approved agents include Patent & Trademark Attorneys registered with the Indian IPO and firms accredited by WIPO. Your agent will prepare Form TM-2 with your domestic application/registration details and other required information.
What documents do I need to prepare for my trademark agent to file a Madrid Protocol application?
Your trademark agent will prepare Form TM-2 (international application) which requires your domestic application/registration number and date, a description of the mark (word, device, combination, 3D, sound, etc.), and goods and services classified under the International Classification (Nice Class).
Is an international registration number from WIPO a global trademark or just a record?
An International Registration (IR) number assigned by WIPO is a record, not a global trademark. Each country's intellectual property office still examines your application under its own national law. The Madrid Protocol streamlines filing, but individual nations retain sovereignty over trademark examination and protection.
How much does a Madrid Protocol trademark filing from India cost?
There is no single fixed total. The official amount depends on WIPO's basic fee, the number of classes, and the countries or regions designated; some members charge individual fees. Indian handling and professional fees may be additional. Because WIPO's fee schedule and exchange conversion can change, calculate the current amount for the exact mark, classes, and designations before filing.
Can a trademark be transferred to another owner in India?
Yes. A registered trademark may be assigned or transmitted, with or without the business goodwill and for all or only some registered goods or services, subject to statutory restrictions. The new proprietor should apply to record title with the Trade Marks Registry. If the mark is an international registration, the ownership change must also be recorded through the Madrid System.
Is trademark registration compulsory for a business in India?
No statute generally compels every business to register its name as a trademark. Registration is nevertheless valuable because it gives the registered proprietor the statutory exclusive right to use the mark for the registered goods or services and to seek infringement remedies. An unregistered owner may still pursue passing-off relief, but cannot bring a statutory infringement action for the unregistered mark.
Which authority registers trademarks in India?
The Trade Marks Registry, operating under the Controller General of Patents, Designs and Trade Marks, administers registration under the Trade Marks Act and Rules. An Indian application is filed with the Registrar in the prescribed manner. For an international application originating in India, the Indian office acts as the office of origin before the application proceeds through WIPO's Madrid System.
How can an Indian business register its brand internationally through the Madrid Protocol?
First obtain an Indian basic application or registration covering the relevant mark and goods or services. The international application is then presented through the Indian Trade Marks Registry as office of origin, designating the Madrid members where protection is sought. WIPO records and forwards it, but each designated office may still examine or refuse protection under its domestic law.
How is a Madrid international trademark registration renewed?
A Madrid international registration is renewed centrally through WIPO for the designated members rather than by filing separate renewals in every country. Renewal requires the prescribed fees and may cover all or selected designations, subject to the Madrid rules. This central renewal does not override any final refusal, invalidation, or limitation already recorded for a particular designated member.
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