International Trademark Registration via Madrid Protocol — Process and Benefits

The Madrid Protocol (formally the Madrid System for the International Registration of Marks) allows businesses to protect their trademark in over 130 countries by filing a single international application through the World Intellectual Property Organization (WIPO). For Indian businesses expanding globally, the Madrid Protocol is the most cost-effective route to international trademark protection.

What is the Madrid Protocol?

The Madrid System operates under the Madrid Agreement (1891) and the Madrid Protocol (1989). India joined the Madrid Protocol in 2013. Today, the system covers over 130 member countries including the USA, EU, UK, China, Japan, Australia, Canada, UAE, and most major markets.

How Madrid Protocol Works for Indian Applicants

The process for Indian resident applicants:

• Step 1 — Home Application: You must first have a trademark application or registration in India (the "basic mark") at the Indian Trademark Office (CGPDTM)
• Step 2 — International Application: File an international application (MM2 form) through the Indian Trademark Office, designating the countries where you want protection
• Step 3 — WIPO Review: CGPDTM forwards the application to WIPO; WIPO checks formalities and registers the mark in the International Register
• Step 4 — Country Review: Each designated country's trademark office examines the mark under its local law; they have 12-18 months to refuse or accept
• Step 5 — Protection: Countries that do not refuse within the deadline grant protection as if the mark had been filed locally

Key Advantages of the Madrid System

• Single application in English — no need to hire local agents in each country (saving significant costs)
• One renewal date for all countries — through WIPO every 10 years
• Easy to add new countries later (subsequent designation)
• Central management — changes like assignment, name/address change handled through one WIPO filing
• Significantly cheaper than filing separate national applications in each country

Disadvantages — Central Attack Risk

The primary risk is "central attack": if the basic mark in India is refused, cancelled or restricted within 5 years of the international registration date, the international registration is cancelled to the same extent. After 5 years ("independence"), the international registration becomes independent of the basic mark.

Cost of Madrid Protocol Application

Fees are paid to WIPO in Swiss Francs: basic fee (653 CHF for up to 3 classes), plus per-country designation fees (which vary by country). The EU costs about 897 EUR; the USA costs around 600 USD. SPOTON provides complete cost estimation based on your target markets.

Conclusion

The Madrid Protocol makes international trademark protection accessible and cost-effective for Indian businesses. SPOTON provides end-to-end Madrid Protocol filing services — from Indian basic application to WIPO international registration across target markets. Contact us for expert global trademark protection services.