File a Trademark Internationally via Madrid Protocol
The Madrid Protocol is an international filing system administered by the World Intellectual Property Organization (WIPO) under which a trademark owner can seek registration in multiple member jurisdictions through a single application filed with the home office. India acceded in 2013, with the Indian Trade Marks Registry as the Office of Origin. Intepat handles outbound Madrid filings and inbound prosecution where international registrations designate India, led by registered Trademark Agents on the Section 145 register under the Trade Marks Act, 1999.
Speak to a Trademark AttorneyOffice-of-Origin Filing
Multi-Jurisdiction Designation
Central Application Management
Dependency-Period Tracking
Provisional Refusal Handling
STATUTORY TIMELINE
Madrid Protocol International Filing Timeline
File via Home IP OfficeDay 0Based on home base application/registration
WIPO Examination & Recording~1–2 months
International Registration~2–3 monthsPublished in WIPO Gazette
Transmitted to Designated Countries~3–4 months
National Examination Window12–18 monthsPer designated country
Protection ConfirmedVaries10-year renewable international registration
When the Madrid Protocol is the right choice
The Madrid route is appropriate when international protection is wanted across several jurisdictions, the basic Indian mark is stable, and centralised portfolio management is valued.
Three or more jurisdictions is the operative threshold. For one or two countries, direct national filings often produce comparable coverage at lower cost. At three or more, Madrid yields economies through a single application, a consolidated fee structure, and a single renewal cycle.
The international registration is dependent on the basic Indian application or registration for the first five years; this is treated separately below.
The Madrid route is not appropriate for jurisdictions outside the system, or where jurisdiction-specific specification language is needed at filing.
How a Madrid Protocol filing works
A Madrid engagement runs through the following stages.
1
Basic mark.
A basic Indian application or registration must exist before the Indian Trade Marks Registry certifies the international application as Office of Origin. Specification, applicant identity, and proprietorship at the international level mirror the basic mark.
2
Office of Origin filing.
The international application is filed with the Indian Trade Marks Registry, which verifies that it matches the basic mark, certifies it, and forwards it to WIPO.
3
WIPO formal examination.
The International Bureau examines for formal compliance, classification, and fee payment. On clearance, the mark is recorded in the International Register, published in the WIPO Gazette of International Marks, and notified to each designated Contracting Party.
4
National examination.
Each designated office examines under its own national or regional law within twelve or eighteen months from WIPO notification, with longer periods in some jurisdictions for opposition-based refusals where the applicable declaration permits. Absent a timely refusal, protection is deemed granted.
5
Provisional refusal handling.
Where a designated office issues a provisional refusal, the holder responds under that jurisdiction's procedural law, typically through local counsel.
6
Effect and renewal.
Protection in each non-refusing designated jurisdiction takes effect from the international registration date for original designations, and from the subsequent-designation date where coverage is added later. Renewal runs every ten years through WIPO across all designated jurisdictions.
Basic-mark dependency and central attack. For five years from the international registration date, the international registration is dependent on the basic Indian application or registration. If the basic mark is refused, withdrawn, cancelled, or lapses during that period, the international registration is cancelled across all designated jurisdictions. Dependency captures proceedings commenced within the five-year window even when they conclude later. After five years the registration becomes independent. Where central attack occurs, transformation allows conversion into national applications within three months, retaining the original international registration date.
What Intepat handles in India
For outbound Madrid filings, Intepat handles the international application end to end:
Basic-mark adequacy review before filing
specification stability, classification accuracy, and Section 11 conflict exposure
Designation strategy
matched to commercial markets, designated-office examination practice, and dependency exposure
Specification harmonisation
balancing Indian classification practice against stricter examination in the United States and European Union
Filing through the Indian Trade Marks Registry
as Office of Origin, with priority claim where filed within six months of a Paris Convention priority filing
WIPO communication
through the Office of Origin
Provisional refusal review
distinguishing formal grounds from substantive grounds requiring local counsel
Subsequent designations
post-registration
Recordal and renewal coordination
through WIPO
For inbound matters, Intepat handles examination response under Sections 9 and 11, opposition defence under Section 21 of the Trade Marks Act, and India-side prosecution.
What is handled by WIPO and foreign associates
The WIPO International Bureau handles formal examination, recordal in the International Register, publication, communication with designated offices, and administration of recordals and renewals. Substantive examination is not within WIPO’s scope.
Each designated office conducts substantive examination, opposition, and refusal under its own national or regional law. Where a substantive provisional refusal issues from a foreign designated office, response requires arguments under that jurisdiction’s law and frequently a hearing. Intepat instructs foreign associate counsel and does not act before foreign trademark offices.
Who this is for
- Indian companies and startups expanding into three or more international markets with a stable basic mark.
- Foreign IP firms routing client filings through an Indian basic application or registration.
- Foreign holders of international registrations designating India who require India-side prosecution.
- Brand owners weighing Madrid against direct national filings.
- Holders of existing international registrations seeking subsequent designations or coordinated renewal.
Related IP services
Madrid Protocol FAQs
What is the Madrid Protocol and how does it differ from direct national filing?
The Madrid Protocol is an international filing system administered by WIPO under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, 1989. A direct national filing produces a registration in a single jurisdiction. A Madrid filing is a single international application designating multiple Madrid Contracting Parties, examined formally by WIPO and substantively by each designated office. Madrid offers economies across three or more jurisdictions; direct filing is often more efficient for one or two.
Is a registered Indian trademark required to file under the Madrid Protocol?
A basic application or registration in India is required, not necessarily a granted registration. The applicant must be a national of India, domiciled in India, or have a real and effective industrial or commercial establishment in India. Where the Indian application is at an early or contested stage, basic-mark stability should be assessed before filing.
What is central attack and how does the basic-mark dependency period work?
For five years from the international registration date, the international registration is dependent on the basic Indian application or registration. If the basic mark is refused, withdrawn, cancelled, or lapses, including through proceedings commenced within those five years, the international registration is cancelled across all designated jurisdictions. After five years it becomes independent. Where central attack occurs, transformation allows conversion into national applications within three months, preserving the original international registration date.
Can the Madrid Protocol be used for any country?
No. Coverage is limited to Madrid System members. WIPO currently lists 116 members covering 132 countries, including the United States, the European Union, the United Kingdom, Japan, China, and the United Arab Emirates. For jurisdictions outside the system, direct national filings are required.
How are provisional refusals from designated offices handled?
Where a designated office issues a provisional refusal, response runs under that jurisdiction's procedural law and within the deadline set by that office, typically through local counsel. Intepat reviews provisional refusals and instructs foreign associate counsel. Inbound provisional refusals issued by the Indian Trade Marks Registry are handled by Intepat directly under Sections 9 and 11 of the Trade Marks Act.
Outline Your Madrid Protocol Filing Requirements
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