International Trademark Registration from India
An Indian business can protect its trademark abroad in three ways: one Madrid Protocol application filed through the Trade Marks Registry and WIPO, a direct national filing with each country’s office, or a regional filing such as the EU trade mark at EUIPO or OAPI and ARIPO in Africa. Most offices examine and decide within 12 to 18 months of filing.
Reviewed by an Advocate, intellectual property, GB Legal Associates · Updated
Which route suits your brand?
The route decides cost, timing and risk more than the country list does. Start with where you sell now and where you will sell in the next three years.
- Route 1Trade Marks Registry → WIPO
Madrid Protocol
One application in English, filed through IP India, designating the member countries you choose.
Suits you when
- Three or more Madrid member countries
- A stable Indian base mark
- One owner record to manage
Watch: Five-year dependency on the Indian base mark.
Madrid Protocol - Route 2USPTO, UKIPO, IPOS and others
Direct national filing
A separate application with each national office, filed through a local agent in that country.
Suits you when
- One or two priority markets
- Countries outside Madrid
- A mark that differs from the Indian one
Watch: Separate fees, records and renewals in every country.
Direct national filing - Route 3EUIPO, OAPI, ARIPO
Regional filing
One right for a bloc: the EU trade mark, OAPI’s single title for 17 African states, or ARIPO designations.
Suits you when
- Several countries in one bloc
- Uniform protection across a market
- Can also be designated through Madrid
Watch: One refusal or opposition can affect the whole bloc.
Regional filing
Quick guide: if this is you, start here
- You need three or more Madrid countries and already have an Indian filingMadrid Protocol
- The USA is your main market and you sell there nowDirect US filing
- You sell across the EU single marketEU trade mark (EUIPO)
- You sell in the UK as well as the EUUK filing alongside the EU mark
- You are entering francophone West or Central AfricaOAPI
- You are entering southern or eastern AfricaARIPO or national filings
Destinations and offices
Each page explains the office, the route from India, the timeline, the documents and the questions clients ask most.
- WIPOMadrid ProtocolWIPO via Trade Marks Registry · InternationalInternational
- USUnited StatesUSPTO · Direct or MadridDirect or Madrid
- UKUnited KingdomUKIPO · Direct or MadridDirect or Madrid
- EUEuropean UnionEUIPO · Regional or MadridRegional or Madrid
- SGSingaporeIPOS · Direct or MadridDirect or Madrid
- OAPIOAPI (Africa)OAPI, Yaoundé · Regional or MadridRegional or Madrid
- ARIPOARIPO (Africa)ARIPO, Harare · RegionalRegional
Does an Indian trademark protect my brand abroad?
No. A trademark registered in India protects the mark only in India. Trademark rights are territorial: each country, or regional office, grants its own right under its own law, and the first person to file or use the mark there may hold it.
That matters most when you are about to export, list on a foreign marketplace, sign a distributor or raise money from overseas investors. Marketplaces in the United States and Europe usually ask for a registration or a pending application in that market before they enrol a brand, and a distributor who registers your mark first can make it expensive to take back.
The practical rule is to file abroad before your brand is visible in a market, and within six months of your Indian application if you want to claim its date as priority under the Paris Convention.
What you need before filing abroad
- A settled mark: the exact word, logo or both, as you will use it in that market.
- A list of goods and services, classified under the Nice Classification and worded for the strictest office on your list.
- A clearance search in each country. A mark that is clear in India can be taken in the USA or the EU.
- For Madrid, an Indian application or registration in the same name, for the same mark, covering the same or a wider list of goods and services.
How do Madrid, direct and regional filings compare?
Madrid suits a list of member countries and a stable Indian base mark; direct filing suits one or two key markets or countries outside Madrid; regional filings cover a bloc with one right.
| Madrid Protocol | Direct national filing | Regional filing | |
|---|---|---|---|
| Where you file | Trade Marks Registry, India, as office of origin; WIPO registers and notifies each country | Each national office (USPTO, UKIPO, IPOS…) | EUIPO (27 EU states), OAPI (17 states), ARIPO (Banjul Protocol states) |
| Number of applications | One, in English, one set of WIPO fees | One per country, in its language and format | One per region |
| Base in India needed | Yes, an Indian application or registration | No | No |
| Dependency | Five years on the Indian base mark (central attack) | None | None |
| Local agent | Only if a country raises a refusal or opposition | Usually required from the start | Required for most steps |
| Later changes | Owner, address and renewals recorded once at WIPO | Recorded country by country | Recorded once per region |
| Countries covered | 130+ countries in the Madrid System | Any country, including non-Madrid ones | The member states of that region |
Government fees for each route are set by WIPO and each office and change often. Use the WIPO Madrid fee calculator or the office’s own fee page; we confirm them in writing before filing.
How does an international filing work with us?
Week 1
Country list and route plan
We map your markets to Madrid, direct and regional routes, flag non-Madrid countries and confirm the Indian base mark.
Weeks 1–3
Clearance searches
Searches in the key countries, through official databases and local counsel where needed, with a written risk note for each.
Week 3–4
Specification and filing
One specification drafted for the strictest office, then the Madrid application (Form MM2(E)) through IP India or direct filings abroad.
Months 2–18
Examination abroad
Each office examines under its own law. We report every refusal with a recommended response and coordinate local counsel.
After registration
Maintenance
Use declarations in the USA, renewals every ten years, recordals of changes of owner or address.
Questions about international trademark registration
Is there one trademark that covers the whole world?
No. There is no global trademark. The Madrid Protocol gives you one application and one registration number at WIPO, but protection still exists country by country, and each designated office can refuse it.
Can I file a Madrid application before my Indian mark is registered?
Yes. A pending Indian application can serve as the basic mark. The risk is that if the Indian application is refused or withdrawn within five years of the international registration, the international registration falls with it.
Which countries are outside the Madrid System?
Several important markets are outside it, for example Hong Kong, Taiwan, South Africa, Nigeria and Argentina. For these we file directly through local counsel. WIPO keeps the current member list.
How long does registration abroad take?
Offices that have no objection usually decide within 12 to 18 months of filing. Madrid members must notify any provisional refusal within 12 months, or 18 months where they have declared that period, and opposition-based refusals can come later.
Do I need to use the mark in the foreign country?
Some countries require use. The USA requires proof of use before registration for applications based on use or intent to use, and a declaration of use between the 5th and 6th years. Most countries allow cancellation of a registered mark that has not been used for a continuous period, often three to five years.
Can you handle filings for a foreign company that wants protection in India?
Yes. See our pages for US companies and UK companies, and for foreign IP firms instructing an Indian associate.
Official sources
Tell us your countries.
Send the mark or invention and the countries you have in mind. A registered agent replies in writing with the route, the steps and the official fees, within one working day.