Trade Marks

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International Trade Mark Protection

International trade mark filing allows an applicant to seek protection of a trade mark in multiple countries by filing a single application, instead of filing separate national applications in each country. India is a member of the Madrid Protocol, an international treaty administered by the World Intellectual Property Organization (WIPO), which makes this possible.

International filing is useful for:
  • Businesses planning to expand abroad
  • Exporters and manufacturers
  • Start-ups and MSMEs entering global markets
  • Brand owners seeking uniform brand protection
Key Advantages
  • Single application in one language
  • One set of fees paid centrally
  • Protection in multiple member countries
  • Easier management of renewals, changes, and recordals
  • Cost-effective compared to filing country-wise applications

You can file an international trade mark application if:
  • You are an Indian national, or
  • You have a domicile or real and effective industrial or commercial establishment in India

You must have A basic application or registration filed in India.

The Madrid System is an international system for the registration of trade marks administered by WIPO and currently encompasses 116 members covering 130+ countries. Under this system:
  • Your Indian application/registration acts as the basic mark
  • Protection is requested in selected member countries
  • Each designated country examines the mark as per its national law

No. Each designated country has the right to:
  • Accept the application, or
  • Issue objections/refusals based on its domestic law

Step-by-Step Process
Step 1: File a Basic Application in India

File a trade mark application in India (Form TM-A). If you already have a registered trade mark in India, this becomes your basic mark.

Step 2: Choose Target Countries

Select the Madrid Protocol member countries where protection is required.

Step 3: File International Application (Form MM2)

File Form MM2 through the Indian Trade Marks Registry as the Office of Origin. The application is forwarded to WIPO after certification.

Step 4: Formal Examination by WIPO

WIPO checks:

  • Classification of goods/services
  • Fees paid
  • Applicant details

If compliant, the mark is recorded in the International Register.

Step 5: Examination by Designated Countries

Each selected country examines the application as per its national law. Objections, if any, are communicated directly by the concerned office.

Step 6: Grant of Protection

If no refusal is notified within the applicable time limit under the Madrid System, protection is deemed granted in that designated member.

Disclaimer

This page provides a general overview of international trade mark protection under the Madrid Protocol and is for informational purposes only. It does not constitute legal advice or an official statement of law. Protection in designated countries is subject to applicable treaty provisions and domestic laws. In case of any inconsistency, applicable treaty provisions and national laws shall prevail. The Office of the Controller General of Patents, Designs and Trade Marks shall not be liable for actions taken based on this material.