Madrid Protocol Explained: How to Register Your Trademark Internationally
June 15, 2025
In today’s global marketplace, many businesses aim to expand beyond borders. Whether you’re an exporter, a digital brand, or a startup with international ambitions, protecting your brand identity in multiple countries becomes crucial.
The Madrid Protocol offers a streamlined and cost-effective route to register your trademark internationally. Here’s everything you need to know about how it works and how you can benefit.
What Is the Madrid Protocol?
The Madrid Protocol is an international treaty that allows businesses to register their trademarks in multiple countries using a single application, filed through their home country’s trademark office.
India became a member of the Madrid Protocol in 2013. Since then, Indian businesses can file international trademark applications directly through the Indian Trademark Registry, instead of applying country by country.
Benefits of Using the Madrid Protocol
- Single Application, Multiple Countries: You can apply for protection in over 110 member countries through one centralized process.
- Cost Efficient: Reduces legal and administrative costs compared to filing in each country separately.
- Simplified Management: Changes, renewals, and assignments can be managed centrally across all designated countries.
Brand Consistency: Ensures uniformity in brand protection across different markets.
Who Can Apply Through the Madrid Protocol?
To apply internationally through the Madrid Protocol, you must meet one of the following conditions:
- Be a national of a Madrid member country
- Be domiciled in a Madrid member country
- Have a real and effective commercial or industrial establishment in a member country
Since India is a member, Indian entities meeting any of the above can apply through the Indian Trademark Registry.
Step-by-Step Process for Indian Applicants
1. File a Trademark in India
Your international application must be based on a trademark application or registration in India, known as the basic mark.
This Indian application or registration must remain valid for at least five years.
2. Submit an International Application (Form MM2)
You submit Form MM2 along with the applicable fees to the Indian Trademark Registry. The application must include:
- Details of the basic Indian application
- List of countries where protection is sought
- Reproduction of the mark
- Classification of goods/services (Nice Classification)
3. Certification by Indian Trademark Office
The Indian Trademark Office certifies the application and forwards it to the World Intellectual Property Organization (WIPO).
4. Formal Examination by WIPO
WIPO conducts a formal check (not substantive) and publishes the mark in the WIPO Gazette of International Marks.
If everything is in order, the application is forwarded to the IP offices of each designated country.
5. Substantive Examination by National Offices
Each selected country’s trademark office will examine the application based on their local laws. They may accept the application, issue objections, or refuse protection.
If no refusal is issued within 12 to 18 months, protection is deemed granted in that country.
6. Ongoing Management
Once registered, your international mark is valid for 10 years and can be renewed directly through WIPO. Changes such as owner details, limitations, or cancellations can also be managed centrally.
Important Considerations
- If the Indian basic mark is cancelled within five years, the international registration may also be affected (called a central attack).
- Some countries may still require local representation if they issue objections.
- Not all countries are members. For others, direct national filings are still necessary.
Conclusion
The Madrid Protocol simplifies international trademark protection for Indian businesses looking to expand globally. However, it requires careful planning, proper class selection, and legal clarity to ensure smooth registration across jurisdictions.
At IP Master, we help businesses navigate the Madrid Protocol from start to finish including Indian filing, application strategy, country selection, and response to international objections.
Ready to take your brand global? Talk to us about Madrid Protocol filing.