If your brand is growing across borders, someone else may already be claiming it in those markets. International trademark registration is the legal shield that protects your brand identity across multiple jurisdictions before a competitor locks it down. In India, international trademark applications are governed by the Trade Marks Act 1999 (as amended for Madrid Protocol accession) and filed through the Madrid System administered by the World Intellectual Property Organization (WIPO) in Geneva. Under Section 36A of the Act, Indian entities can designate member countries with a single international application filed through the Trade Marks Registry, Kolkata, the Indian Competent Authority under the Madrid Protocol. For businesses planning exports, appointing distributors, or building franchise networks in 2026, international trademark protection is no longer optional. KAMRIT Financial Services LLP manages the entire end-to-end process, from basic trademark pre-clearance in India to WIPO submission, multi-country designations, and monitoring of grant decisions across each national office, so you can focus on your business with the certainty that your mark is legally protected in every target market.
What is International Trademark in India 2026?
An International Trademark registration allows an Indian applicant to seek trade mark protection in multiple countries through a single application filed under the Madrid System, governed by the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989). India acceded to the Madrid Protocol on October 19, 2013, enabling Indian businesses to designate member countries directly without engaging local attorneys in each jurisdiction at the filing stage. The WIPO International Bureau in Geneva processes the international application and transmits it to each designated Contracting Party's national or regional office for examination. Protection granted in any designated country is independent of any revocation or cancellation of the basic mark in India during the first five years, this is the so-called central attack clause, after which the international registration becomes vulnerable if the basic Indian mark is cancelled. The applicable legal framework includes the Trade Marks Act 1999 (Sections 36A to 36R), the Trade Marks Rules 2017 (Rules 55 to 68), and the Trade Marks (International Registration) Directions 2023 issued by the Trade Marks Registry. Government filing fees are prescribed under Schedule II of the Trade Marks Rules 2017; international processing fees (CHF-based) are governed by WIPO's Schedule of Fees. This service is suitable for businesses in manufacturing, SaaS, D2C brands, pharmaceutical exporters, and franchise operators looking to establish brand exclusivity in one or more foreign markets simultaneously.
Who needs this
Any Indian legal entity or individual with an existing or prospective trademark interest can file internationally, provided the basic requirements are met.
- Applicant must hold a pending Indian trademark application or an existing registered trademark under the Trade Marks Act 1999 at the time of international filing.
- Applicant must be a national of, or have a domicile or real and effective industrial or commercial establishment in, India (a Madrid Protocol member country).
- The goods or services in the international application must substantially correspond with those covered by the basic Indian mark.
- The mark must be distinctive, graphical representation must be clear and the mark must be capable of being represented in the International Register maintained by WIPO.
- Foreign countries or intergovernmental organisations designated in the application must be members of the Madrid Protocol or Madrid Agreement.
- Applicant must not hold a prior conflicting mark in any designated country, a clearance search in each target jurisdiction is strongly recommended before filing.
- For exports to regulated sectors (pharmaceuticals, cosmetics, food), the applicant may need to verify additional country-specific labelling and trademark clearance requirements post-grant.
- Small enterprises and startups with a valid Udyam Registration may qualify for reduced fees under certain WIPO fee reduction schemes for natural persons.
Documents required
KAMRIT compiles a multi-layered document stack spanning Indian trademark records and foreign-country-specific declarations, which are verified at each stage.
- Copy of the Indian Trademark Application filed with the Trade Marks Registry (Form TM-A) or Registration Certificate under the Trade Marks Act 1999.
- Verified extract from the ipindia.gov.in portal showing the current status of the basic mark, either 'Accepted and Advertised', 'Opposed', or 'Registered'.
- Power of Attorney executed on a stamp paper of ₹100, appointing KAMRIT as the applicant's agent for international filing, required in the prescribed WIPO form format (Form MM2).
- Identity proof of the applicant: DIN or PAN card for companies; PAN and Aadhaar for individuals and LLPs.
- Address proof of the applicant: Certificate of Incorporation (COI) for companies; registered office address proof for LLPs.
- Goods and Services classification list in NICE (Nice Classification) format, the international 12th edition as applicable since January 2025, specifying class numbers and descriptions for each designated country.
- Declaration confirming the applicant's good faith use of the mark (required for certain countries such as Brazil, Mexico, and the Philippines).
- Board resolution or partner resolution authorising the international trademark filing, mandatory for companies and LLPs.
- No Objection Certificate from the Trade Marks Registry, Kolkata (Form TM-M or no specific form, but a formal NOC letter) if required by the applicant for the international route.
- Certified English translation of documents originally in a non-English language, notarised or apostilled as per destination country requirements.
- Udyam Registration Certificate if the applicant claims small enterprise fee reductions under WIPO's fee reduction policy for natural persons or small entities.
- Copy of the applicant's IEC (Import Export Code) issued by DGFT, required for certain pharmaceutical and food sector exports.
How KAMRIT runs it, step by step
KAMRIT manages the international trademark filing process in two sequential phases, the Indian pre-filing stage and the WIPO international transmission stage, each with its own timeline and regulatory touchpoints.
- Trademark Search and Basic Mark Assessment. KAMRIT conducts a comprehensive identical and similarity search across the Trade Marks Registry's online portal (ipindia.gov.in) and WIPO's global brand database (branddb.wipo.int) for each target country. The search identifies conflicting marks in Classes 1-45 of the NICE Classification. If no conflict exists or if minor conflicts can be addressed, KAMRIT confirms filing viability and prepares a pre-filing strategy report within 3 to 5 working days. This step is critical to avoid a WIPO notification of provisional refusal later.
- Basic Indian Trademark Filing or Verification. If the applicant does not yet have a registered or published basic Indian trademark, KAMRIT files Form TM-A with the Trade Marks Registry, Kolkata under Section 18 of the Trade Marks Act 1999. The official fee is ₹5,000 per application per class for online filing (₹10,000 for physical filing) under Schedule II of the Trade Marks Rules 2017. The basic mark must be accepted, advertised, and must have passed the opposition period before the international application can be filed through the Madrid route. This stage takes 8 to 12 months if no opposition is filed.
- Preparation of Madrid International Application. Once the basic Indian mark is secured, KAMRIT prepares the MM2 form (International Application) in the format prescribed by WIPO. The application specifies: (a) name and address of the applicant, (b) the basic Indian mark details and registration number, (c) the designated Contracting Parties (countries), (d) the goods and services in NICE Classification format for each country, and (e) the language of filing (English or French). KAMRIT also prepares the MM18 form (Subsequent Designation) if countries are added after the initial filing. Per WIPO's Schedule of Fees (effective January 2025), the basic fee is CHF 653 for one class of goods or services, plus CHF 100 per class beyond the first three classes, plus CHF 100 per designated country.
- Submission to Trade Marks Registry and Certificate of Office. Before transmitting to WIPO, the international application must be certified by the Indian Trade Marks Registry (TMR) as the Office of Origin under Rule 56 of the Trade Marks Rules 2017. KAMRIT files the application with the TMR, Kolkata along with the prescribed fee of ₹5,000 per class per designated country (as per Schedule II, Rule 78). The TMR verifies the applicant's eligibility, confirms the basic mark's validity, and issues the certificate within 15 to 20 working days. Any irregularity identified by the TMR must be rectified within one month, failing which the international application may be deemed abandoned.
- WIPO Processing and Forwarding to National Offices. Upon receiving the certified application from the TMR, the International Bureau at WIPO examines the application for formal completeness within 2 to 4 weeks. If the application meets the requirements of the Madrid Protocol, WIPO records the mark in the International Register and publishes it in the WIPO Gazette of International Marks. WIPO then forwards the application to each designated national or regional office (e.g., USPTO for the United States, CPO for the European Union as a unit) for substantive examination under their domestic trademark laws. Each national office has its own examination timeline, which may include a provisional refusal if the mark conflicts with a prior registered mark in that country.
- Monitoring and Response to National Office Actions. Upon receiving notifications of provisional refusal or observation from designated national offices, KAMRIT coordinates with local trademark attorneys in each jurisdiction to draft responses and arguments against refusal. This step requires additional costs per country, typically USD 500 to USD 2,000 per response, depending on the jurisdiction. KAMRIT monitors all deadlines using its trademark monitoring dashboard and ensures responses are filed within the prescribed period (commonly 3 to 6 months from the date of notification). Failure to respond within the deadline results in deemed abandonment of the mark in that country.
- Registration and Certificate Dispatch. Once a national office grants protection (or fails to issue a refusal within the applicable examination period), the mark is registered in that country. WIPO notifies KAMRIT of the grant, and the registration is recorded in the International Register. KAMRIT delivers the original or certified copies of the registration certificate from each national office to the applicant, along with a consolidated portfolio summary. Post-grant renewals are due every 10 years under the Madrid Protocol, with KAMRIT managing reminders 12 months before the due date.
Timeline
From the date of confirmed instructions and document delivery to KAMRIT, the overall international trademark process spans 18 to 30 months end-to-end for a single-country designation, and up to 36 months or longer for multi-country designations where some national offices issue provisional refusals requiring local attorney responses. The KAMRIT-controlled stages, trademark search, basic Indian filing, MM2 preparation, and TMR certification, typically take 6 to 10 weeks cumulatively, assuming no objections or irregularities. The WIPO International Bureau takes 2 to 4 weeks to process and forward the application after receiving the certified application from the TMR. The slowest variable is the national examination stage in each designated country: the USPTO in the United States takes 12 to 18 months from forwarding; the UKIPO takes 4 to 6 months; the CPO (European Union) takes 12 to 18 months; and offices in Brazil, Mexico, China, and India-designated other markets may take 18 to 30 months or longer due to substantive examination backlogs. WIPO communicates all national office decisions to the applicant through KAMRIT within 2 weeks of receipt. Renewal applications (Form MM6) must be filed through the TMR to WIPO within 12 months before the expiry date, with the 10-year renewal fee payable to WIPO in CHF.
How our pricing compares
KAMRIT's International Trademark service is quoted at a custom retainer starting from ₹29,899, which covers trademark search, basic Indian trademark filing (one class), preparation and filing of the MM2 international application, TMR certification, and coordination with WIPO for the initial transmission. Government fees, ₹5,000 per class for the basic Indian filing (Schedule II, Trade Marks Rules 2017) and TMR certification charges, are billed separately at actuals and are not absorbed in the retainer. WIPO's basic international fee of CHF 653 (approximately ₹59,000 at current exchange rates) plus CHF 100 per additional class and CHF 100 per designated country is payable directly to WIPO via WIPO's electronic payment portal and is excluded from KAMRIT's retainer, as this fee varies by country selection. IndiaFilings quotes ₹18,999 for basic trademark filing plus ₹22,000 to ₹45,000 for international coordination, with per-country attorney fees added separately, making the effective cost for a 3-country designation approximately ₹85,000 to ₹1,20,000 before WIPO fees. Vakilsearch charges ₹14,999 for trademark filing but adds ₹30,000 to ₹60,000 for Madrid protocol assistance, again with undisclosed per-country attorney costs. ClearTax offers international trademark coordination at ₹35,000 to ₹65,000 for the first two countries, with each additional country adding ₹15,000 to ₹20,000. LegalRaasta quotes ₹19,999 for trademark search and filing but charges ₹40,000 to ₹75,000 for end-to-end Madrid international management, with post-filing responses to national office actions billed at ₹20,000 to ₹35,000 per refusal per country. KAMRIT's pricing advantage is in transparency and bundling, the ₹29,899 starting retainer covers the full pre-filing and WIPO transmission stage, and subsequent country designations are added at a flat per-country coordination fee rather than an open-ended local attorney model. KAMRIT's in-house trademark coordinators and pre-approved relationships with local counsel in 40+ countries allow us to provide realistic cost estimates upfront, avoiding the mid-process billing surprises that are common with competitors.
Common mistakes KAMRIT avoids
Most applicants filing international trademarks through the Madrid route make avoidable errors that result in provisional refusals, delayed registration, or unintended abandonment of the mark in key markets.
- Filing the international application before the basic Indian mark is advertised or accepted, under Rule 56 of the Trade Marks Rules 2017, the TMR will not certify an international application where the basic mark is still under examination.
- Selecting goods and services descriptions that do not match the NICE Classification version used by the destination country, the European Union CPO, for example, applies strict class heading interpretation, and vague descriptions can lead to refusal.
- Failing to conduct country-level searches before designating a market, WIPO does not search for conflicts in national registers, and a designation of a country where a confusingly similar mark already exists will result in a provisional refusal with no refund of fees.
- Not appointing local counsel in jurisdictions like Brazil, Canada, and Mexico where responding to a provisional refusal without local representation is legally required and time-sensitive.
- Missing the response deadline for a provisional refusal, most national offices allow 3 to 6 months, and failure to respond within the window causes deemed abandonment of the international registration in that specific country.
- Allowing the basic Indian trademark to lapse or cancel within the first five years of the international registration, under Rule 22 of the Madrid Protocol, this triggers a 'central attack' that can invalidate the entire international registration.
- Incorrect classification of goods across multiple classes, leading to insufficient or overly broad protection, each class attracts separate fees and separate examination criteria in each designated country.
- Not filing a Subsequent Designation (MM18) within the 3-month window after the international registration if new markets are identified, this avoids the requirement for a fresh basic mark and reduces cost.