Madrid Protocol: File Your Trademark in 130+ Countries from India

An Indian SaaS startup wants to launch in the US, UK, Singapore, UAE, and Australia. Filing trademark applications in each country separately means five law firms, five sets of fees, five different objection processes, and five renewal cycles. The Madrid Protocol replaces all of that with one application filed through the Indian Trademarks Registry. Same five countries, one filing, one renewal, one central record. 60 to 70 percent cheaper.

India joined the Madrid Protocol in 2013. Since then, more than 12,000 Indian businesses have used it — from Tata Motors to first-year D2C startups. The framework is governed in India by the Trade Marks (Amendment) Rules, 2013 and Section 36E of the Trade Marks Act, 1999. The user-facing form is Form MM-2, filed through the Indian Registry as the office of origin. This guide explains when Madrid fits, when it doesn’t, what it costs, and how to file it from India.

One filing, five jurisdictions. Or five filings, five jurisdictions, five fee structures, five attorneys.

What the Madrid Protocol actually does

The Madrid system is an international treaty administered by WIPO in Geneva. It does not create a single global trademark. What it creates is a single procedural channel: you file one application, WIPO records it, and then forwards it to each country you have designated. Each country examines the mark under its own law and either accepts or refuses it.

Practically, that means: one form, one set of documents, one payment, in your home language (English from India), submitted through the Indian Registry. WIPO does the translation and forwarding. Each designated country has 12 or 18 months to refuse — if they don’t, your mark is protected automatically there.

When Madrid fits — and when it doesn’t

Madrid is the right call when:

• You plan to enter three or more member countries within the next 12 months
• You want unified renewal and assignment management
• Your mark is the same across all target markets (same wordmark or logo)
• You have a stable Indian application or registration as the basis

Madrid is the wrong call when:

• You only need one or two countries — direct national filing is faster and not much more expensive
• Your target market is outside Madrid (Hong Kong, Taiwan, Pakistan, Bangladesh, several Middle Eastern jurisdictions)
• The mark varies by jurisdiction (different logos in different markets) — Madrid registers only one version
• Your Indian base application has a high refusal risk — central attack means all designations fall with it during the dependency period

Eligibility: you need an Indian base

Three eligibility tests apply:

1. You must be Indian. Either a national, a domiciled person, or a real and effective industrial or commercial establishment in India.
2. You must have an Indian base. Either a pending Indian trademark application or a registered Indian trademark for the same mark.
3. The mark must match. The international application must be for the same mark, in the same name, for the same or narrower goods and services as the Indian base.

If you don’t have an Indian filing yet, file Form TM-A first. The Madrid application can be filed the next day — you don’t need to wait for the Indian mark to be examined or registered. The two timelines run in parallel.

Fees: basic fee plus per-country charges

Madrid fees are in Swiss francs (CHF) and paid to WIPO directly, plus a separate handling fee paid to the Indian Registry. Approximate fees as of 2026:

• Indian Registry handling fee: ₹2,000 per application
• WIPO basic fee: CHF 653 (for a black-and-white mark) or CHF 903 (for a colour mark)
• Complementary fee: CHF 100 per designated country (for most countries)
• Individual country fees: some countries charge their own designation fee instead, typically CHF 100-700 per class
• Per additional class: CHF 100 above three classes

WIPO maintains a fee calculator that gives an exact quote for your specific country list and class structure.

How to file from India through Form MM-2

The Indian process:

1. Confirm Indian base. Indian application number issued, or registration certificate in hand.
2. Run a clearance search in each target country. The Madrid system saves money on filing — it does not save money on objections. A pre-Madrid clearance search in target countries flags risks before paying WIPO fees.
3. Draft Form MM-2 in English. Specify the mark, the goods and services (in WIPO classification format), and the countries to designate.
4. File through the Indian Registry portal. The Registry certifies the application matches the Indian base and forwards it to WIPO.
5. Pay WIPO directly via bank transfer or credit card through the WIPO portal.
6. Receive the International Registration certificate in 6 to 8 weeks. WIPO publishes the IR in the Madrid Monitor.

After filing — what each country does next

Once WIPO issues the IR and forwards it to designated countries, three things happen:

• Local examination. Each country’s trademark office examines the mark under its own law — absolute grounds, prior rights, class scope.
• Refusal window. Each country has 12 or 18 months to issue a refusal. The 18-month window applies to countries that have declared so (US, EU member states, several others).
• Local prosecution if refused. If a country refuses, you respond through a local agent under that country’s rules — the work resembles an Indian examination reply, argued under local law. WIPO does not handle the response. Refusal in one country does not affect others.

If no country refuses within their window, your mark is protected automatically in each. Renewal is centralised: one fee to WIPO every 10 years renews the IR everywhere.

Common mistakes Indian applicants make

1. Designating too many countries. Founders designate 20+ countries hoping to cover future expansion. Two thirds are never entered. Fees are not refundable. Designate countries you will sell into in the next 24 months.
2. Skipping the per-country clearance search. Madrid saves on filing, not on objections. A prior mark in Germany still blocks you in Germany whether you filed Madrid or nationally.
3. Filing before the Indian base is solid. A weak Indian application that gets opposed in year 2 triggers central attack on all designations. Get the Indian filing right first.
4. Wrong colour claim. A black-and-white Indian mark filed Madrid in colour creates a mismatch under Section 36E. Match the colour exactly.
5. Forgetting Paris Convention priority. If filed within 6 months of the Indian filing, all designations get the Indian filing date as priority. Beyond 6 months, you lose this benefit.

One application, 130 doors. But only the ones you actually plan to walk through.

People also ask

Frequently asked questions

Do I need to register my mark in India before going Madrid?

Not necessarily. You need either a pending Indian application or a registered Indian mark as the basis. Filing the Indian application first and the Madrid application immediately after is the standard sequence.

How long does Madrid Protocol processing take?

WIPO certifies the International Registration in about 2 months. Each designated country then has 12 or 18 months (depending on declaration) to refuse. If no refusal, protection is automatic in that country.

Can I claim priority from my Indian filing date?

Yes, under Paris Convention rules, you can claim priority within 6 months of the Indian filing date for all designated countries. This is important if you want the Indian filing date to count as your effective filing date everywhere.

What happens after the 10-year term ends?

International Registrations are renewable for successive 10-year terms by paying a renewal fee through WIPO. You renew once for all designated countries, not separately per country.

Can I transfer or assign a Madrid registration?

Yes, assignment is recorded centrally through WIPO using Form MM-5. The assignment takes effect across all designated countries simultaneously, subject to each country’s local rules.

For deeper context on international IP strategy, see how IPForte coordinates cross-border filings across our 130+ country panel.

Madrid is not a brand strategy. It is a filing channel for the brand strategy you already have.