Protect Your Brand Name, Logo, and Trademark Globally, Internationally with a Single Application – Secure Your Identity in the International Market Worldwide
The Madrid Protocol, administered by the World Intellectual Property Organization (WIPO), allows trademark owners to register their trademarks in multiple countries through a single application. India joined the Madrid Protocol on July 8, 2013, making it easier for Indian businesses to secure international trademark protection without filing separate applications in each country.
Here’s How the Madrid Protocol Works – Step by Step
- START WITH AN INDIAN TRADEMARK APPLICATION
Before going international, an applicant must first have a national trademark application or registration with the Indian Trademark Office (IPINDIA). This serves as the “basic application” or “basic registration.” The details in the international application must exactly match those in the basic application.
- FILE YOUR INTERNATIONAL APPLICATION (IAOI) WITH IP INDIA
The Applicant must submit an International Application Originating from India (IAOI) to the Controller General of Patents, Designs & Trade Marks through the IP India website. Once verified and certified, the application is forwarded to WIPO for further processing.
- FORMAL EXAMINATION BY WIPO
WIPO examines the application for compliance with procedural requirements. If any irregularities are found, the applicant is notified and they must rectify them within three months to avoid rejection.
- PUBLICATION AND NOTIFICATION
Once approved, WIPO records the application in the International Register, publishes it in the WIPO Gazette of International Marks, and notifies the trademark offices of the designated countries.
- EXAMINATION BY DESIGNATED COUNTRIES
Each country’s trademark office examines the application according to its national laws. If objections arise, the applicant must respond within the time frame specified by that country. If no objections are raised within 12 to 18 months, the mark is deemed protected.
- RENEWALS & UPDATES (EASY & CENTRALIZED)
The international registration is valid for 10 years and can be renewed through WIPO. Ownership changes, limitations, or modifications can be managed centrally without filing separate requests in each country.
Documents Required for Filing a Madrid Application with the Indian IP Office
- Power of Attorney Since your International application will be submitted on your behalf by a qualified attorney.
- Form MM18 – For designating United States of America in your International application
- Form MM2 (E) – For designating Belize, Brunei Darussalam, Cabo Verde, Guernsey, India, Ireland, Lesotho, Malawi, Malaysia, Mozambique, New Zealand, Pakistan, Singapore, Trinidad and Tobago or the United Kingdom.
Pros & Cons of the Madrid System
| PROS | CONS |
|
✔ One application, multiple countries – Saves time and paperwork.
✔ Cost-effective – Cheaper than filing separately in each country. ✔ Easy management – Renewals and changes are handled through WIPO. |
✖ Risk of “central attack” – If the Indian application is canceled within 5 years, your international registration could be too.
✖ Country-specific hurdles – Some nations have stricter rules, and you might need local legal help. |
MEMBER COUNTRIES
- The Madrid Union has 115 member countries, covering a total of 131 nations. Together, these members account for over 80% of global trade. As more countries join, the system continues to expand, offering greater opportunities for businesses to protect their trademarks worldwide.
- For more details regarding the member countires please refer to: List of members
How Much Does It Cost?
- WIPO’s fees depend on:
- How many countries you’re applying in.
- How many classes of goods/services you’re covering.
- Whether your logo is in color or black & white.
- To estimate the total cost of filing an international application, WIPO provides an official Madrid Fee Calculator. Applicants can use this tool to determine their fees based on their specific filing details.
Access the Madrid Fee Calculator here: WIPO Madrid Fee Calculator
How much does it cost to file under the Madrid Protocol?
The total cost varies based on the number of countries selected, the number of classes, and whether the mark is in black & white or color. Use the Madrid Fee Calculator to get an estimate.
How do I renew my international registration?
The international registration is valid for 10 years and can be renewed directly through WIPO.
What happens if my trademark is refused in a designated country?
If a country refuses the application, the applicant can respond to objections by engaging a local trademark attorney to overcome the refusal.
Can I add more countries to my Madrid Protocol application later?
Yes, additional countries can be designated later by filing a subsequent designation request with WIPO.
How long does the international trademark registration process take?
Once WIPO receives the application, it typically takes 12 to 18 months for designated countries to complete their examination and approve or refuse the registration.
Who can file an international application under the Madrid Protocol?
Any Indian individual or business that has a national trademark application or registration with IPINDIA can file an international application under the Madrid Protocol.