A Beginner's Guide to Madrid Trademark Filing

Do you want to safeguard your brand abroad as an Indian entrepreneur or business owner? Your most economical option for international trademark protection may be the Madrid System.

It is more important than ever to protect your brand name internationally in today's global marketplace, especially for Indian entrepreneurs, exporters, and rapidly developing firms. However, submitting distinct trademark applications in every nation can be costly and time-consuming.

What is the Madrid System?

The Madrid System, an international trademark registration system administered by the World Intellectual Property Organization (WIPO), is fortunately a wise substitute. Indian companies can now register their trademarks in more than 130 countries by submitting a single international application through the Indian Trademark Office ("CGPDTM"), following India's 2013 ratification of the Madrid Protocol. This entails a single payment method (in Swiss francs), a single form (in English, French, or Spanish), and a single, centralized management procedure. Startups, small enterprises, and entrepreneurs who already have a base registration and desire affordable international coverage would find this solution excellent.

The Madrid System: Who Can Use It?

Eligibility:

• Indian nationals

• Individuals domiciled in India

• Companies incorporated in India

• Businesses with commercial establishments in India

Essential Requirement:

You must have a basic mark in either:

• A pending Indian trademark application, OR

• A registered Indian trademark

The following requirements must be met by your Madrid application:

• Trademark representation

• Classification of goods and services

• Applicant details

Step-by-Step Filing Process Prepare and file your application:

• Fill Form MM2 available on the official website of the Trade Marks Registry.

• Ensure to include your basic-mark details, list of goods/services, and selected countries (called “designations” or “Contracting Parties”) where you want protection. You can choose any or all of the 130+ jurisdictions (e.g., EU states, US, China, Japan, etc.) covered by the Madrid System. (You can also add more countries later via “subsequent designation” if your business grows).

• Submit it to CGPDTM (“Office of Origin”).

• The Office of Origin reviews it for consistency with your basic mark, signs (certifies) it, and then sends the file to WIPO

CGPDTM Certification

The Indian Trademark Office verifies the international application against your basic mark and forwards it to WIPO.

Formal Examination by WIPO:

WIPO’s International Bureau checks that your filing meets all formal requirements, i.e.

• Completeness of the application

• Class and list of goods/services

• Fee payment

If something is missing or incorrect, WIPO issues an “irregularity notice” allowing you to fix it (typically within 2–3 months). Once the application is in order, WIPO records the international registration, publishes it in the WIPO Gazette of International Marks, sends you a registration certificate, and notifies each designated country’s trademark office.

Substantive Examination by Designated Countries:

Each designated country’s IP office then examines the mark under its own laws.

• No objection = automatic protection after 12–18 months.

1. Tacit grant: If a designated office issues no decision by the deadline, the mark is automatically considered accepted in that country (this is called “tacit acceptance”).

2. Statement of grant: If an office formally grants protection, it will send a “Statement of Grant of Protection” to WIPO, which WIPO forwards to you.

3. Provisional refusal: If an office refuses (partially or fully), it sends a “Provisional Refusal” with reasons. You can then respond or appeal in that country’s system. WIPO will notify you of refusals so you can decide on next steps locally.

🔺Dependency on Basic Mark for 5 Years

If your basic mark is withdrawn, refused, or cancelled within 5 years, your entire international registration becomes void (this is called “central attack”).

✅ After 5 years, the international registration becomes independent.

Refusals Still Possible

A refusal from any designated country does not affect other countries. However, you must respond locally, often with a trademark agent in that country.

This article has been authored by Neha Singh, Associate at Intellect Goodwill LLP, as part of our ongoing IP Awareness Series - Intellect Insights, aimed at simplifying complex intellectual property concepts for entrepreneurs, creators, and businesses.

The views expressed in this article are for informational purposes only and do not constitute legal advice. The content reflects the personal analysis of the author and not necessarily the views of Intellect Goodwill LLP.