What Is the Madrid Protocol?
The Madrid Protocol (formally: Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks) is an international treaty administered by WIPO (World Intellectual Property Organization) in Geneva that allows trademark owners to seek protection in multiple countries through a single application.
India joined the Madrid Protocol in 2013. This allows Indian brands to file a single international trademark application at IP India, designating any or all of the 130+ member countries where they want protection.
Key advantages over filing nationally in each country:
- Single application: One form, one set of fees (in Swiss Francs), one filing date
- Significant cost savings: Especially when protecting in 5+ countries — much cheaper than hiring separate local attorneys in each country
- Centralised management: Renewals, assignments, and changes managed through one WIPO record
- Priority date: Your Indian filing date becomes your global priority date (within the 6-month Paris Convention window)
How the Madrid Protocol Process Works
1
File your trademark in India first — Your Indian application (Form TM-A) is the "basic mark." This establishes your priority date. You do not need to wait for registration — a pending application is sufficient.
2
File the Madrid application within 6 months — Within 6 months of your Indian filing date, submit the international application (Form MM2) through IP India to WIPO. This claims your Indian priority date globally.
3
Designate countries — Choose which Madrid Protocol member countries you want protection in. You pay WIPO fees per country designated.
4
WIPO registers internationally — WIPO reviews the application for formalities and registers it in the International Register. Each designated country's trademark office then examines the application.
5
Each country examines independently — Designated countries may raise objections or refuse within their examination period (12–18 months). You respond to each country's objections through local agents.
6
Protection granted — Where no objection is raised (or after successful response), protection is granted in each designated country.
Madrid Protocol Fees — What Indian Brands Pay
| Fee Component | Amount | Notes |
|---|---|---|
| WIPO Basic Fee (black & white mark) | CHF 653 | ~₹60,000 approx at current rates |
| Individual Country Designation Fee | CHF 100 per country (standard) | Some countries have higher "individual fees" |
| Higher individual fees (e.g., USA) | USD 500 per class (USPTO) | USA opts out of standard CHF fee |
| EU (EUIPO) designation | EUR 897 for 1 class + EUR 233 per extra class | Covers all 27 EU member states |
| UK (UKIPO) designation | GBP 158 per class | Post-Brexit, UK is separate from EU |
| IP India certification fee | ₹4,000–₹8,000 | For IP India to certify and forward the application |
Example total cost for an Indian brand protecting in USA + EU + UAE + Singapore + UK (5 key markets): approximately ₹3,50,000–₹5,00,000 in WIPO + designation fees + Indian attorney fees. Significantly cheaper than hiring 5 separate local attorneys.
Key Markets for Indian Brands to Consider
| Market | Why Indian Brands File Here | Key Industries |
|---|---|---|
| USA | Largest global e-commerce market; Amazon.com Brand Registry requires USPTO registration; SaaS/tech expansion | IT/SaaS, Fashion, Food, Pharma, Textiles |
| European Union | One designation covers 27 EU countries; major export market for Indian textiles, gems, pharma | Textiles, Pharma, Gems, IT Services |
| UAE | Largest Indian diaspora market; high D2C penetration; growing Indian brand presence in Gulf | Food, Fashion, Jewellery, Real Estate, IT |
| UK | Post-Brexit independent from EU; large Indian diaspora; significant export market | Food, Fashion, IT, Pharma, Education |
| Singapore | Gateway to Southeast Asia; strong IP enforcement; Indian SaaS and fintech expansion hub | IT/SaaS, Fintech, Education, F&B |
| Australia | Growing Indian brand presence; significant Indian diaspora; Indian food and cultural brands | Food, Education, IT, Healthcare |
| Canada | Large Indian diaspora; strong e-commerce market; education and IT brands expanding | Education, IT, Food, Fashion |
The 5-Year Dependency Rule — Critical Risk
⚠ The 5-Year Dependency Risk
For the first 5 years after international registration, your international trademark is "dependent" on your Indian basic mark. If your Indian trademark is refused, withdrawn, or cancelled during this 5-year period, all your international designations can be cancelled too — called "central attack." After 5 years, international registrations become independent of the Indian basic mark.How to protect yourself:
- Ensure your Indian trademark application is strong and distinctive before filing Madrid
- Track your Indian application status carefully during the first 5 years
- If your Indian application is cancelled, you can "transform" international registrations into national applications in each designated country within 3 months
Frequently Asked Questions
No — a pending Indian application (Form TM-A) is sufficient as the basic mark for a Madrid application. You can file the Madrid application as soon as you have your Indian application number, provided you file within 6 months of the Indian filing date.
Yes — you can designate additional countries after the initial Madrid filing through a subsequent designation. The same mark gets extended to new countries, and you pay the designation fees for each new country added.
Generally yes — especially for 5+ countries. For 1–2 countries, direct national filing with local attorneys may sometimes be comparable in cost. For 3+ countries, Madrid Protocol typically offers significant savings.
A refusal in one designated country does not affect your registration in other countries. Each country examines independently. A refusal must be responded to with local counsel in that country — it is an independent proceeding.
WIPO registers the international mark typically within 2–3 months. Each designated country then has 12–18 months to examine and potentially refuse. If no refusal is raised within this period, the mark is automatically protected.
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