Why You Need This at All
Trademark protection stops at national borders. Registering in India protects your brand only within India — the moment you start selling on Amazon UK, opening a store in Dubai, or signing clients in the US, that Indian registration offers zero legal protection there. Before the Madrid Protocol, the only option was filing a completely separate national application in every single country — different forms, different languages, different agents, different renewal dates for each one.
How the Madrid System Works
Three Things You Need First
A Basic Mark
A pending Indian application or an existing Indian registration — this is mandatory, non-negotiable.
Exact Match
The international application's mark, owner details, and goods/services must match the Indian basic mark exactly.
Country List
Choose which of the 130+ member countries you actually want to designate for protection.
You file Form MM2 through IP India, which acts as your "Office of Origin" and forwards it to WIPO in Geneva. WIPO checks the formalities and, once cleared, forwards your application to each country you've designated. Each country's own trademark office then examines it under its own laws — Madrid doesn't guarantee approval anywhere, it just centralises the filing.
Timeline and Cost
| Detail | |
|---|---|
| Examination time per country | Up to 18 months for a designated country to issue any refusal (varies by jurisdiction) |
| Validity once granted | 10 years, renewable centrally through WIPO — one renewal covers all designated countries |
| WIPO basic fee | CHF 653 (black & white mark) or CHF 903 (color mark) |
| Per-country designation fee | Varies widely by country — anywhere from roughly CHF 100 to over CHF 800 each |
| Typical all-in cost (5 countries) | Roughly ₹1.5 to ₹2.5 lakh, including WIPO fees and professional charges |
As a rough rule of thumb, Madrid tends to cost meaningfully less than filing separately in each country once you're designating three or more countries — the savings grow with each additional country added.
⚠️ Central Attack: The Biggest Risk in the System
For the first 5 years, your international registration remains legally dependent on your Indian basic mark. If the Indian mark is cancelled, refused, or successfully opposed during this window, every single one of your international designations falls with it — regardless of how many countries you've already secured protection in. After 5 years, the international registration becomes independent and this risk ends.
Choosing Countries Strategically
Madrid should be used deliberately, not as a blanket "protect everywhere" move. Reasonable filters for which countries to designate:
- Where you currently manufacture or actually sell.
- Markets with high counterfeiting risk for your category.
- Jurisdictions that are first-to-file (where waiting to register costs you the market, unlike India's first-to-use recognition).
- Skip target markets that aren't Madrid members at all — a growing but still incomplete list, so always verify current membership at wipo.int before planning.
Planning to Sell Outside India?
Tell us which countries you're targeting — we'll help you decide between Madrid Protocol and direct national filing, whichever is more cost-effective for your specific markets.
When Direct National Filing Makes More Sense
Madrid isn't always the better route. If your target market isn't a Madrid member, or you only need protection in one or two very specific countries where you want a local agent's direct involvement and flexibility, filing nationally in just those countries can be simpler and sometimes cheaper than going through WIPO's layered fee structure.
Frequently Asked Questions
Can I file an international trademark application without an Indian trademark first?
No. The Madrid Protocol requires a "basic mark" — either a pending Indian application or an existing Indian registration. If you haven't filed in India yet, that has to happen first.
What is "central attack" and why does it matter?
For the first 5 years, your international registration is dependent on your Indian basic mark. If the Indian mark is cancelled or refused during this window, all your international designations fall with it — even in countries where the mark was already accepted.
Does the international application need to match the Indian one exactly?
Yes. The mark, applicant details, and goods/services must correspond exactly to the Indian basic mark. Trying to add new goods or expand the scope in the international application is a common cause of rejection at the WIPO stage.
How long does international registration take?
Each designated country has up to 18 months to issue a provisional refusal, though this varies by jurisdiction. If no refusal is issued, the registration is confirmed in that country.
Is Madrid Protocol always cheaper than filing in each country separately?
Generally yes for three or more countries, with savings increasing per additional country. For just one or two very specific markets, direct national filing can sometimes work out simpler or more cost-effective.