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IndianTaxPert — Simplifying Business Registration & Compliance in India | Company Incorporation • LLP Formation •
India is a member of the Madrid Protocol, which enables trademark owners to seek protection in multiple countries by filing a single international trademark application through the Indian Trademark Office.
At IndianTaxPert, we assist businesses and individuals in filing, managing, and renewing trademarks under the Madrid System as well as through direct foreign filings.
⭐ Trusted by entrepreneurs across India
DSC & Document Preparation
Issuance of Class-3 Digital Signature Certificate (DSC), drafting of e-MOA, e-AOA, and nominee consent (INC-3).
Name Reservation
Filing of SPICe+ Part A with the Central Registration Centre (CRC) for company name approval.
SPICe+ Form Submission
Single integrated application covering incorporation, DIN, PAN, TAN, and statutory registrations.
Approval & Certificate Issuance
After scrutiny, Certificate of Incorporation (COI), PAN, and TAN are issued digitally.
Trademark laws enacted by the Government of India are applicable only within Indian territory. Therefore, a trademark registered in India does not automatically enjoy protection in other countries.
To safeguard a trademark abroad, registration must be obtained under the trademark laws of each respective country.
Each country follows its own legal framework and procedures for trademark registration. Traditionally, this required filing separate trademark applications in each foreign jurisdiction. However, in 2013, India acceded to the Madrid Protocol, allowing applicants to file international trademark applications for multiple member countries through the Indian Trademark Registry.
Fast & Efficient Processing
Reliable Expert Support
Clear & Transparent Pricing
Businesses seeking trademark protection outside India can choose between direct country-wise filing or the Madrid Protocol route, depending on jurisdiction and coverage requirements.
Method 1
Direct Filing in Foreign Countries
Trademark protection in non-Madrid countries requires filing a separate application directly with the respective country’s trademark office in accordance with local laws.
This generally involves appointing a local trademark attorney. IndianTaxPert coordinates with trusted international associates to ensure smooth registration in non-Madrid jurisdictions.
Method 2
Filing Through the Madrid System
Under the Madrid Protocol, trademark owners can file a single international application through the Indian Trademark Office, designating multiple member countries.
The application is verified by the Indian Trademark Registry and forwarded to WIPO, which then transmits it to the designated foreign trademark offices for independent examination.
Understanding International Trademark Registration Under the Madrid Protocol
The Madrid System enables trademark owners to protect their mark across multiple jurisdictions by filing one centralized application with WIPO (Geneva) through the office of origin. For Indian applicants, the Indian Trademark Registry acts as the office of origin.
Key Advantages of the Madrid System
Single Application
One international application can cover multiple Madrid member countries. Currently, 98 countries are part of the Madrid Protocol.
Centralized Fees & Language
Applications can be filed in English, French, or Spanish, with fees paid in Swiss Francs (CHF), allowing centralized renewals and record management.
Based on Indian Trademark
The international application must be based on a registered or pending Indian trademark, with identical or narrower goods and services.
Country Coverage Limitations
Only Madrid member countries can be designated under the protocol. Countries such as Nepal, Pakistan, Bangladesh, Sri Lanka, Myanmar, Malaysia, Hong Kong, Indonesia, Iraq, Kuwait, Mauritius, Saudi Arabia, Taiwan, Thailand, and Canada are not Madrid members.
Trademark protection in these jurisdictions requires direct filing with local authorities.
Follow these steps to file an international trademark through India under the Madrid Protocol.
Eligibility for Madrid Filing
- Be an Indian national
- Be domiciled in India
- Have a real and effective business establishment in India
- Must have filed or obtained a trademark registration in India for the same mark
Step 1: Authorization of Attorney
Applicant authorizes a trademark attorney using Form TM-48 (Power of Attorney). Applicable stamp duty is paid as per the State Stamp Act.
Step 2: Filing of International Application
The international application is filed in Form MM-2(E). Additional forms may apply for specific countries:
- Form MM-18(E) for the USA
- Selection of a second language (French, German, Italian, or Spanish) for EU countries
Step 3: Verification by Indian Trademark Office
The Indian Trademark Registry verifies compliance with Madrid Protocol requirements and forwards the application to WIPO.
Step 4: Examination by Foreign Trademark Offices
WIPO transmits the application to designated countries. Each office examines the application as per its national laws while communications are routed through India.
Step 5: Dependency Period & Publication
The international registration depends on the Indian mark for 5 years. If the Indian trademark is refused, withdrawn, or abandoned, the international registration ceases. WIPO publishes accepted trademarks in the International Trademarks Journal.
Why IndianTaxPert?
We provide end-to-end assistance for international trademark registration—from eligibility assessment and documentation to WIPO filing, objection handling, and renewals—ensuring global brand protection with minimal hassle.
