Madrid Protocol trademark filing from India: adding 130 countries from one Indian application

Why the Madrid Protocol matters for Indian brands in 2026

The Madrid Protocol is the single most efficient way for an Indian trade mark owner to extend protection abroad. The alternative, filing a separate national application in each target country, involves engaging local counsel in each jurisdiction, translating the specification of goods and services, navigating each national fee schedule, and managing renewal calendars across multiple offices. The Madrid route consolidates the filing into a single international application, uses English (or French or Spanish) as the working language, and centralises renewals through WIPO.

The Indian filing volume tells the story. In calendar year 2025, Indian applicants filed approximately 4,800 international applications through the Madrid Protocol, up 38 percent over 2024. The growth is driven by two flows. The first is direct-to-consumer brands extending into the US, UK, EU, and Gulf markets, where trademark protection is a precondition for marketplace listings and physical retail. The second is SaaS and software companies designating major customer-acquisition markets ahead of GTM activity. KAMRIT's IP desk runs approximately 80 to 100 Madrid filings per year for Indian outbound clients, with roughly 60 percent of them designating USPTO and EUIPO.

The base application requirement

The Indian application or registration is the bedrock of the Madrid filing. WIPO does not examine the mark for distinctiveness or protectability; it relies on the office of origin (in this case, the Indian Trade Marks Office) to have done that examination on the base.

Under Section 36E of the Trade Marks Act, 1999, the international application must be identical to the base in three respects:

Same mark. The visual representation of the mark in the international application must match the base. A device mark filed in India cannot be claimed as a word mark in the Madrid filing; the international filing must reflect the same elements.

Same applicant. The proprietor named in the international application must be the same legal entity as the proprietor of the Indian base. A subsidiary of the Indian company cannot file Madrid with the Indian parent's registration as a base.

Same or narrower goods and services. The classes and the specification in the international application must be the same as or narrower than the base. If the Indian base is for "computer software" in Class 9, the Madrid filing cannot expand to "computer hardware" in Class 9.

The base application does not need to be granted. A pending Indian application can serve as the base, which lets Indian applicants file Madrid as early as the day of the Indian application filing. The downside is the central attack rule under Section 36E(2).

The central attack doctrine and the 5-year clock

Section 36E(2) of the Trade Marks Act codifies what the Protocol terms the "central attack" doctrine. If the Indian base application is refused, withdrawn, or cancelled within 5 years of the international registration date, the international registration is automatically cancelled in every designated country.

The 5-year rule is the trade-off for the Madrid efficiency. It means that an Indian applicant with a marginal base (a descriptive mark, or a mark that overlaps with prior registrations) is taking on the risk that an Indian refusal will cascade across every designated country.

Two operational mitigations. First, build a strong Indian base. KAMRIT often advises clients to wait for the Indian application to clear examination (typically 6 to 12 months) before filing Madrid, so that the base is more stable. Second, where the Indian base is filed simultaneously with the Madrid filing for speed, monitor the Indian prosecution closely and respond promptly to any objections.

After the 5-year window expires (or when the Indian registration is granted, whichever is later), the international registration becomes independent of the base. The 5-year clock starts on the international registration date, not on the Indian filing date.

The MM2 form and the IPO workflow

The international application is made on Form MM2 prescribed by WIPO. The form captures the applicant, the mark, the goods and services in Nice classes, the priority claim (if any), and the list of designated contracting parties.

In India, MM2 is filed electronically through the IPO e-filing portal at ipindia.gov.in. The workflow is:

Step 1: Drafting. The MM2 is drafted using the WIPO MGS (Madrid Goods and Services manager) to ensure the goods and services language is acceptable across designated offices. KAMRIT typically iterates with the client to narrow or broaden the specification to match the business need.

Step 2: IPO submission. The applicant submits MM2 electronically to the IPO with the IPO handling fee of ₹3,000. The IPO certifies the MM2 against the base application or registration, checking the mark, the applicant, and the goods and services for consistency.

Step 3: IPO forwarding to WIPO. The IPO has 2 months to forward the certified MM2 to WIPO. In practice, the IPO turnaround is now 15 to 30 days for clean filings, faster for established Indian filers.

Step 4: WIPO formality examination. WIPO reviews the formalities (correct fee paid, classification under Nice acceptable, declarations complete). WIPO issues the international registration certificate within 2 to 4 months of receipt from the IPO. The international registration date is the date the IPO received the MM2 (not the date WIPO issued the certificate).

Step 5: National designation. WIPO notifies each designated office. Each office runs its own substantive examination. Refusal must be communicated within 18 months under India's selected option.

The WIPO designation fee schedule

WIPO's fee structure has three layers, all in Swiss Francs.

Basic fee. CHF 653 for a single-class application; CHF 903 if the mark is in colour. The basic fee is fixed per international application.

Complementary fee. CHF 100 per designated contracting party that has not opted for an individual fee. This applies to many smaller jurisdictions.

Individual fee. Many of the major offices (USPTO, EUIPO, UKIPO, JPO, CNIPA, KIPO, IP Australia) charge an individual fee that replaces the complementary fee. The individual fees vary widely. USPTO charges approximately CHF 414 per class (depending on the basis under US law). EUIPO charges approximately CHF 869 for one class. UKIPO charges approximately CHF 227 for one class. CNIPA charges approximately CHF 249 for one class.

Supplementary fee. CHF 100 per class above the first class.

For an Indian D2C brand designating US, EU, UK, Japan, and China in two classes (apparel and online retail), the rough fee math is: basic fee CHF 653, plus USPTO individual CHF 414, plus EUIPO individual CHF 869, plus UKIPO individual CHF 227, plus JPO individual approximately CHF 287, plus CNIPA individual CHF 249, plus supplementary fee for the second class CHF 100 plus class-2 individual fees for each office. Total in the range of CHF 4,500 to CHF 5,500 for two classes across five offices, before IPO handling and KAMRIT professional fees.

The 18-month examination rule

Under Article 5(2)(b) of the Madrid Protocol, a contracting party may opt for an 18-month period (instead of the default 12) to notify a refusal. India has opted for 18 months, as have the United States, the United Kingdom, the European Union, Japan, and Korea. Several smaller offices remain at 12 months.

If no refusal is communicated within 18 months, the trademark is automatically deemed protected in that designated country. The deemed-protection rule is a discipline mechanism that prevents national offices from sitting on Madrid designations indefinitely.

The 18-month clock starts from the date WIPO notifies the designated office of the designation. The designated office typically issues a provisional refusal early (within 6 to 12 months) if there is an objection, to preserve the right to refuse. The Indian applicant then has a national-procedural window to respond to the provisional refusal, which is governed by the law of the designated country.

In practice, USPTO provisional refusals are most common for descriptive marks and for marks that conflict with prior US registrations. EUIPO provisional refusals are most common on absolute grounds (lack of distinctiveness) and on relative grounds (oppositions filed by prior registrants).

Operational considerations for Indian outbound brands

Mark localisation. A mark that reads naturally in English in India may have unintended meanings in target markets. KAMRIT runs a mark-screening exercise against the target jurisdictions before filing.

Class scope. The class scope is the boundary of protection. A SaaS company should typically file Class 9 (software) and Class 42 (SaaS services). A D2C brand in apparel should typically file Class 25 (clothing) and Class 35 (online retail services). The Madrid filing fee scales with classes, so the class strategy is a budget conversation as much as a legal conversation.

Designation strategy. Designating every country at filing is rarely the right answer. The Madrid system allows subsequent designation, so an Indian applicant can file with US, EU, UK at the initial filing and add Australia, Singapore, UAE in year 2 as the GTM expands. Each subsequent designation has its own designation fee but does not require a fresh base review.

Renewal. Madrid registrations are renewed every 10 years through a single filing with WIPO covering all designated countries. The renewal fee is structured similarly to the filing fee.

How KAMRIT runs Madrid Protocol engagements

KAMRIT's IP desk runs Madrid filings as a coordinated engagement covering the Indian base review, the MM2 drafting, the IPO submission, the WIPO follow-up, and the response to any provisional refusals in designated countries. For provisional refusals in non-English-speaking jurisdictions, KAMRIT engages local counsel through pre-established relationships.

Comparable Indian outbound IP service options include the Big 4 IP firms, boutique IP-only firms in Mumbai and Delhi, and platforms such as IndiaFilings, Vakilsearch, and LegalRaasta for the form filing only. The KAMRIT positioning is on the integrated strategy (which jurisdictions to file, which classes, which timing) plus the prosecution follow-through in the designated countries.

If your Indian business is preparing to extend into the US, EU, UK, or other Madrid Protocol jurisdictions in the next 12 months, talk to KAMRIT about a Madrid filing strategy. The IP desk runs an intake call covering the Indian base position, the target markets, and the class strategy. Fixed fee from ₹40,000 per Indian filing plus WIPO and individual designation fees pass-through. Send a brief to the Trademark Registration page or start a conversation with a senior partner.