Key Point: India joined the Madrid Protocol in 2013. Indian businesses can now file a single international trademark application through CGPDTM (the Indian trademark office) to seek protection in over 130 member countries simultaneously — instead of filing separate national applications in each country.
Official Filing Portal: International trademark applications from India are filed through the IP India — CGPDTM official portal (ipindia.gov.in). CGPDTM acts as the “Office of Origin” and certifies your application before forwarding it to WIPO in Geneva.
When a brand grows beyond India’s borders, it needs trademark protection in the countries where it sells, manufactures, or exports. Without registration in those countries, a local competitor can legally register your brand name or logo and prevent you from using it in that market.
The Madrid Protocol is the most cost-effective and streamlined route to international trademark protection for Indian businesses. This guide explains how the system works, how to use it, and whether it is the right strategy for your expansion. For the domestic registration process: How to Register a Trademark in India.
What Is the Madrid Protocol?
The Madrid Protocol is an international treaty administered by the World Intellectual Property Organization (WIPO) that allows trademark owners to seek registration in multiple countries using a single application in a single language, with a single set of fees paid in Swiss francs (CHF). As of 2026, the system covers over 130 countries (called “Contracting Parties”), including the United States, the European Union, China, Japan, the United Kingdom, Australia, Canada, and most major trading nations.
India acceded to the Madrid Protocol on July 8, 2013 — meaning Indian trademark owners can both file international applications through the Indian office and receive international applications designating India from other countries’ trademark owners.
Important Distinction: The Madrid Protocol does not create a single “international trademark.” Instead, it creates a bundle of national trademark rights — one in each country you designate. Each designated country’s trademark office independently examines your mark under its own laws. If one country rejects your mark, the registrations in other countries are unaffected.
How the Madrid System Works: Stage by Stage
Step 1: Home Application
You must have a “basic mark” — an existing application or registration in India (your home country) before filing internationally.
Step 2: File at CGPDTM
Submit Form MM-2 at the Indian trademark office (CGPDTM). They certify the application and forward it to WIPO in Geneva within 2 months.
Step 3: WIPO Review
WIPO checks formal requirements, assigns an international registration number, and records it in the International Register.
Step 4: National Examination
WIPO notifies each designated country’s trademark office. Each office independently examines the mark under its national laws. Each office has 12 months (or 18 months, where the country has made that declaration under the Protocol) to notify any refusal.
Step 5: Registration or Refusal
Countries that do not issue a refusal within their deadline grant protection. Countries that refuse will notify you through WIPO and allow a response.
International Trademark Fees: How the Cost Is Calculated
Madrid fees are paid in Swiss francs (CHF) to WIPO and consist of two components:
| Fee Component | Who It Goes To | Amount (CHF) |
|---|---|---|
| Basic fee | WIPO | CHF 653 (black & white mark) or CHF 903 (colour mark) |
| Supplementary / complementary fees | WIPO | CHF 100 each, for extra classes or designated countries that use standard fees |
| Individual designation fees | Country-specific | Varies by country and number of classes — use WIPO's Madrid fee calculator |
| CGPDTM handling fee | Indian Trademark Office | ₹5,000 per application (e-filing) |
Budget Planning: The total depends heavily on which countries you pick and how many classes you file in. Use WIPO's official Madrid fee calculator for an exact figure, and add professional fees. For three or more countries, Madrid is usually cheaper and simpler than separate national filings.
Madrid Protocol vs. Direct National Filing: Which Should You Choose?
Madrid Protocol (Recommended For)
- Filing in 3 or more countries simultaneously
- Managing all registrations centrally (renewals, assignments all done through WIPO in one step)
- When speed and cost-efficiency matter
- Expanding to multiple markets with a broadly registrable mark
- Wanting a single renewal date for all countries
Direct National Filing (Consider When)
- Filing in only 1–2 countries (often cheaper direct)
- You want specialised local counsel managing each filing
- The target country is not a Madrid member (check WIPO's current list of members)
- Your mark is very likely to face local objections requiring expert local responses
- You need a filing strategy tailored to a specific jurisdiction
The “Central Attack” Risk: Dependency on the Home Mark
The most important risk with the Madrid Protocol is central attack vulnerability. During the first 5 years of an international registration, it is dependent on the home (Indian) trademark. If your Indian basic mark is cancelled, invalidated, restricted, or lapses during this 5-year period, the international registration is also cancelled or restricted to the same extent — affecting all designated countries at once.
Protect Your Home Mark: Make sure your Indian trademark registration is maintained, renewed on time, and not vulnerable to cancellation before and during the 5-year dependency window. For renewal details: Trademark Renewal in India — Complete Guide. After 5 years, each national registration becomes fully independent.
International Trademark Timeline
| Stage | Timeline |
|---|---|
| Home application filing (India) — prerequisite | Needed before filing internationally; can file on a pending Indian application |
| CGPDTM forwards to WIPO | Within 2 months of receipt |
| Notification to designated countries | Immediately after WIPO registration |
| National examination by each country | 12 months (most countries) or 18 months (USA, EU, and others) |
| International registration validity | 10 years, renewable for further 10-year periods |
How to File an International Application from India
- Ensure You Have a Valid Indian Basic Mark — You need a pending or registered trademark in India. You can file the international application based on a pending Indian application — you do not have to wait for registration. But for 5 years the international registration depends on that basic application, so if it is refused, the international registration is cut back too. See: How to Register a Trademark in India.
- Decide Which Countries to Designate — Choose the Madrid member countries where you want protection. Be strategic — designating more countries increases fees. Focus on current export markets, countries where counterfeiters operate, and markets you plan to enter within 5 years. You can add more countries later (“subsequent designations”) but each addition incurs fees.
- Prepare Form MM-2 (International Application) — Form MM-2 is the official WIPO international application form. It captures: applicant details, description of the mark, list of goods/services per class, designated countries, and whether the mark is in colour. Work with a registered trademark agent to complete this accurately — errors require correction fees and cause delays.
- File at CGPDTM and Pay Fees — Submit Form MM-2 to the Indian trademark office along with the CGPDTM handling fee (₹5,000 for e-filing). CGPDTM certifies that the international application matches your Indian basic mark and forwards it to WIPO. WIPO fees are paid separately through the WIPO online payment system (in CHF).
- Monitor and Respond in Each Country — WIPO informs you of each country’s examination result. If a country issues a provisional refusal, you respond within that country's time limit, usually through a local representative. Your Indian trademark agent can help coordinate local counsel where needed.
Who Should Use the Madrid Protocol?
- E-commerce sellers exporting internationally — especially those selling on Amazon US, Amazon EU, or other cross-border platforms where brand registry protection is important
- Software and SaaS companies going global — brand names travel fast online and need early protection
- Manufacturers exporting to multiple countries under their own brand
- Franchise and licensing businesses that need a consistent brand presence across markets
- Startups with international growth plans who want to lock down their brand early before expansion
Amazon Brand Registry: Filing a trademark internationally — even a pending Madrid application — is increasingly important for sellers on Amazon’s US, EU, and other marketplaces. Amazon Brand Registry generally needs a registered or pending trademark in the relevant country. The Madrid Protocol is the most efficient route to build this coverage across multiple Amazon marketplaces simultaneously.
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Frequently Asked Questions
Do I need a registered trademark in India before filing the Madrid application, or can I file on a pending application?
You can file the Madrid international application based on either a pending Indian application or a registered Indian trademark. A pending application works: WIPO records the international registration without waiting for the Indian registration. Just remember that if the Indian basic application is refused or withdrawn within the first 5 years, the international registration is reduced or cancelled to the same extent.
What happens if one country refuses my international trademark application?
A refusal by one designated country affects only that country — all other designations remain unaffected. The refusing country sends a notification of provisional refusal through WIPO, and you have a fixed period (which varies by country) to appoint a local representative and file a response or appeal. Refusals are common in some countries (like China or the USA) and do not mean your application is lost.
Can I later add more countries to an existing international registration?
Yes. This is called a “subsequent designation.” You can designate additional Madrid member countries at any time after your initial international registration. The protection in the newly designated countries will date from the filing of the subsequent designation, not from the original registration date. Subsequent designation fees apply per country.
How does renewal work for an international trademark?
International registrations are renewed every 10 years through a single renewal filing and fee payment to WIPO — this automatically renews the registration in all designated countries simultaneously. This is one of the major advantages of the Madrid System over direct national filings, where you would need to track and renew each national trademark separately. For domestic renewal details: Trademark Renewal in India.
Can I file an international trademark for a logo (device mark) through the Madrid Protocol?
Yes. The Madrid Protocol covers both word marks and device marks (logos). When filing a device mark internationally, you submit the logo image as part of Form MM-2. If the mark is in colour, you indicate this and include the specific colour(s) claimed. All the same rules apply as for domestic device mark filings — each designated country will apply its own standards for distinctiveness and conflict with prior marks.
This article is for general information only and is not legal or tax advice. Rules and fees change; check the latest position or talk to our team before acting.