Madrid Protocol Filing from India
Trade Marks Act, 1999, Chapter IVA · Office of origin: Trade Marks Registry, India
A Madrid Protocol application lets an Indian applicant seek trademark protection in many countries with one application (Form MM2(E)) filed through the Trade Marks Registry, which certifies it and sends it to WIPO. WIPO registers the mark and notifies each designated country, which then has 12 or 18 months to refuse protection.
- Reviewed by
- Advocate, intellectual property
- Last updated
- Filed by us through IP India. We prepare and file the MM2(E) application on the Comprehensive E-Filing System.
- Specification built for every office. Worded so the USPTO, EUIPO and others accept it without restriction.
- Refusals handled. Provisional refusals answered through local counsel we brief and supervise.
- Office of origin
- Trade Marks Registry, India
- Registers
- WIPO, Geneva
- Application
- Form MM2(E), in English
- Decision window
- 12 or 18 months per country
- Term
- 10 years, renewable at WIPO
How does the Madrid Protocol work for Indian applicants?
The Madrid Protocol works as a filing and management system, not a single global right. India joined the Protocol in 2013, and Chapter IVA of the Trade Marks Act, 1999 sets out how Indian applicants use it. The Trade Marks Registry acts as the office of origin for Indian applicants and as the designated office for foreign owners who choose India.
You file one international application, in English, through IP India’s Comprehensive E-Filing System on Form MM2(E). It must rest on a basic mark: an Indian application or registration in the same name, for the same mark, covering the same goods and services or fewer. The Registry checks that the international application matches the basic mark, certifies it and forwards it to the International Bureau of WIPO.
If WIPO receives the certified application within two months of the date the Registry received it, the international registration takes that Indian filing date. WIPO then checks formalities and classification, records the mark in the International Register, publishes it in the WIPO Gazette and notifies every country you designated.
Who can file through India
You can use India as the office of origin if you are an Indian national, are domiciled in India, or have a real and effective industrial or commercial establishment in India. A foreign parent company with an Indian subsidiary usually files through its own home office instead; the Indian subsidiary can file only for marks it owns itself.
What each country does
Each designated country examines the mark under its own law, exactly as it would a national application. If it has no objection, protection follows. If it objects, it sends a provisional refusal through WIPO within 12 months, or 18 months for countries that have declared the longer period, as India itself has. Replies to a refusal are filed in that country, usually through a local agent.
Central attack: the five-year dependency
For five years from the international registration date, the international registration depends on the Indian basic mark (Article 6(3) of the Madrid Protocol). If, in that period, the Indian application is refused, withdrawn or limited, or the Indian registration is cancelled, for example after a successful opposition or rectification in India, protection in every designated country falls to the same extent. That is why a competitor who attacks the Indian base mark is said to make a "central attack".
- What you can do afterwards. Under Article 9quinquies you can convert ("transform") each lost designation into a national application within three months of the cancellation, keeping the original date. Each one then costs a national filing and local agent fees.
- How to reduce the risk. File on a clear Indian base mark: search before filing in India, and avoid designating abroad on a mark that is objected to or opposed at home until the risk is understood.
- After five years. The dependency ends and each designation stands on its own, even if the Indian mark later lapses.
How long does a Madrid application take?
Most designations are settled within 12 to 18 months of the WIPO notification when no office objects.
| Stage | Who | Typical timing |
|---|---|---|
| Basic mark filed in India | Applicant, Trade Marks Registry | Day 0 (can be the same day as MM2) |
| MM2(E) filed and certified | Trade Marks Registry | Certified and sent to WIPO, ideally within 2 months |
| Formality check and registration | WIPO | Usually a few weeks; irregularities must be fixed within 3 months |
| Notification to designated countries | WIPO | On registration |
| Examination and any provisional refusal | Each designated office | Within 12 months, or 18 months where declared |
| Statement of grant of protection | Each designated office | After examination and any opposition |
| Dependency on the Indian base mark ends | — | 5 years from the international registration date |
| Renewal | WIPO, one renewal for all countries | Every 10 years |
Timing reflects WIPO and IP India procedures; actual dates depend on each office’s workload.
What official fees does a Madrid application from India carry?
Two sets of official fees apply: a handling fee paid to IP India in rupees, and WIPO’s fees paid in Swiss francs. WIPO’s total depends on the countries and classes you choose, so use the WIPO fee calculator for an exact figure.
| Fee | Paid to | Amount | Notes |
|---|---|---|---|
| Handling fee for certifying and sending the MM2(E) application | IP India | ₹5,000 | E-filing only; Trade Marks Rules, 2017, First Schedule |
| Basic fee, mark in black and white | WIPO | CHF 653 | Once per international application |
| Basic fee, mark in colour | WIPO | CHF 903 | Replaces the black-and-white basic fee |
| Complementary fee | WIPO | CHF 100 per designated member | For members that do not charge an individual fee |
| Supplementary fee | WIPO | CHF 100 per class over three | For members that do not charge an individual fee |
| Individual fee | WIPO, for the designated office | Set by each member | Replaces the complementary and supplementary fees for that member, for example the USA |
WIPO amounts from WIPO’s Madrid fees page and the IP India amount from the First Schedule, both checked on 15 October 2026. Calculate the WIPO total for your countries and classes with the WIPO Madrid fee calculator. Statutory and WIPO fees only; local agents’ and our professional fees are quoted separately in writing.
What do you need to file a Madrid application from India?
For every Madrid application
- Indian application or registration number for the basic mark, in the same name
- The mark exactly as filed in India (same representation and colours)
- List of goods and services in English, within the scope of the basic mark
- Countries to designate, and any you may add later
- Signed authorisation in our favour (Form TM-48)
Country-specific items
- USA: a signed declaration of intention to use the mark (Form MM18), filed with the application
- Translations or transliterations of non-Latin wording where an office asks for them
- Priority details if you claim the date of an Indian application filed in the last six months
- Colour claim and description where the mark is claimed in colour
Questions about Madrid Protocol filing from India
How many countries can I cover with one Madrid application?
Any of the Madrid members other than India. On 15 October 2026 WIPO listed 117 members covering 133 countries, including the USA, the UK, the European Union, China, Japan, Singapore, the UAE and OAPI. You can designate more countries later through a subsequent designation.
Can I file the Madrid application on the same day as the Indian application?
Yes. The Indian application number is enough. Filing both together lets the international registration take the Indian filing date, provided WIPO receives the certified application within two months.
What is a provisional refusal and how is it answered?
It is a designated office’s objection, sent through WIPO, such as a conflict with an earlier mark or an unclear description. It is answered in that country within the period it sets, usually through a local agent. We brief the agent, review the reply and report the outcome.
Do I pay WIPO fees in rupees?
No. WIPO fees are calculated in Swiss francs: a basic fee plus a fee for each designated country, some of which charge per class. IP India’s handling fee of ₹5,000 is paid in rupees. Use the WIPO fee calculator for current amounts; we confirm the total before filing.
Can I change the owner of an international registration later?
Yes. A change of ownership, name or address is recorded once at WIPO and takes effect for all the designated countries named in the request, which is one of the main advantages over separate national registrations.
Is Madrid always the right route?
No. Direct filing can be better for one key market, for countries outside the system, or where the Indian base mark is weak or likely to be opposed. Our international trademark overview compares the routes.
Official sources
- 1.IP India: International trade mark protection (Madrid)
- 2.Trade Marks Registry: Guidelines for functioning under the Madrid Protocol
- 3.WIPO: Madrid System
- 4.WIPO: Madrid System members
- 5.WIPO: Madrid System fees for an international application
- 6.WIPO: Madrid fee calculator
- 7.Trade Marks Rules, 2017, First Schedule: Madrid handling fee (IP India)