How to Protect Your Brand Internationally Using the Madrid Protocol (Step-by-Step Guide for Indian Businesses)

From Delhi to Dubai to New York — how Indian companies can protect their brand name worldwide through a single WIPO application.

Introduction

For an Indian startup or established brand, registering a trademark in India is only half the journey. As your business begins to attract attention overseas — whether through exports, investors, or digital presence — you face a silent threat: brand hijacking in foreign markets.

Imagine building a well-loved brand in India, only to find that someone in Dubai or Singapore has registered your mark first. They can block your expansion, demand payment, or even misuse your reputation. Global brand protection is no longer optional — it’s a business survival strategy.

The Madrid Protocol, administered by the World Intellectual Property Organization (WIPO), is the most powerful and efficient route for Indian businesses to secure international trademark protection. It allows Indian applicants to file one application through the Indian Trademark Office, designating over 130 member countries at once. This guide explains exactly how it works, who can apply, and how to use it strategically to expand your brand worldwide.

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What is the Madrid Protocol and how does it protect Indian brands internationally?

The Madrid Protocol is a global treaty that enables Indian businesses to register their trademarks in multiple countries through a single centralized filing, managed by WIPO in Geneva.

Instead of filing separate trademark applications in each country — with separate fees, attorneys, and documents — Indian applicants can file one international application via the Indian Trademark Office (Office of Origin). WIPO then transmits it to each chosen country for local examination. Once approved, your brand is protected there just like a domestic registration.

This system is governed by two key treaties — the Madrid Agreement (1891) and the Madrid Protocol (1989) — which together form the Madrid System for the International Registration of Marks.

For Indian businesses, especially startups, exporters, and D2C brands going global, this is a game changer. It ensures brand consistency, investor confidence, and legal control across jurisdictions.

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Who can apply under the Madrid Protocol from India?

Any business or individual with a connection to India can apply through the Madrid route. Specifically, you qualify if you are:

• A citizen of India,
• Domiciled in India, or
• Operating a real and effective industrial or commercial establishment in India.

That means companies, LLPs, and even individual proprietors can use this system — whether you’re a Pune-based fashion label exporting to Europe or a Gurugram tech startup eyeing the U.S. market.

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Step-by-Step Process: How Indian Businesses File an International Trademark through the Madrid Protocol

Step 1: File or register your trademark in India

You must first have an Indian trademark application or registration, which becomes your “basic mark.” The international application mirrors this base mark, so it’s critical that your Indian mark is properly filed — with the correct class, description, and representation.

If the Indian mark is later refused, withdrawn, or cancelled within five years, your international registration will also collapse. Hence, it’s wise to file a strong and defensible base mark in India.

👉 For a detailed overview, see: How to Register a Trademark in India (Complete 2025 Guide).

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Step 2: Select the countries where you want protection

Decide strategically where your brand needs protection. You can designate any of the 130+ Madrid member countries, including the United States, United Kingdom, European Union, Australia, Singapore, UAE, and Japan.

For example, if an Indian skincare brand plans to sell on Amazon US, Amazon UAE, and in Europe, it can designate those three regions in a single Madrid application. This saves months of paperwork and thousands of dollars in attorney fees.

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Step 3: File the international application through IP India

The international filing is made online via the MADRASS system (Madrid Application through IP India). The Indian Trademark Office checks whether the details match your Indian application, certifies it, and forwards it electronically to WIPO, Geneva.

You’ll need:

• Your Indian application number,
• Applicant details,
• Reproduction of the mark,
• List of goods/services (as per Nice Classification),
• List of designated countries, and
• Payment of applicable fees (in Swiss Francs, via WIPO payment gateway).

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Step 4: WIPO formal examination and publication

WIPO examines the application for formality issues — not substance. If all details are correct, your mark is recorded in the International Register and published in the WIPO Gazette of International Marks.

This publication serves as notice to all member countries. It also triggers the next phase — examination by each designated national office.

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Step 5: Examination by each designated country

Each country’s trademark office reviews your mark according to its local law. For instance:

• The USPTO (United States) may raise distinctiveness or descriptive objections.
• The EUIPO (European Union) may object on relative grounds (similar marks).
• The IP Australia office may require clarification of goods.

If there are no objections, protection is granted as if you had filed directly in that country. If objections arise, you may appoint a local attorney to respond — but the rest of your designations remain unaffected.

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Step 6: Manage your international portfolio through WIPO

Once your international registration is active, you can manage all future actions — renewals, assignments, address changes, or territorial expansions — centrally via WIPO.

For example, if you later expand to Canada or South Korea, you can simply add those designations without starting over.

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How much does international trademark registration cost through the Madrid Protocol?

The cost depends on the number of countries and classes you choose. Typically, you’ll pay:

• Basic fee: CHF 653 (≈ ₹65,000) or CHF 903 (≈ ₹90,000) if your mark is in colour.
• Per-country designation fee: varies — e.g., the U.S. (CHF 400), EU (CHF 897), UAE (CHF 316).
• Indian Trademark Office certification fee: ₹2,000 per class.

Compared to separate national filings — where you’d pay legal and government fees in each jurisdiction — the Madrid Protocol often cuts costs by 50–70%.

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Timelines and Validity

• 2–4 months: WIPO’s initial formalities check and publication.
• 12–18 months: Examination and acceptance in each designated country.
• 10 years: Protection validity, renewable indefinitely in 10-year cycles.

This unified renewal process is one of the Madrid Protocol’s biggest operational advantages — a single renewal covers all member countries.

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Advantages of Using the Madrid Protocol for Indian Companies

The Madrid system isn’t just a procedural convenience — it’s a strategic legal tool. Here’s why Indian entities should use it:

1. One Application, Global Coverage: File once via India; protect across 130+ countries.
2. Centralized Management: Renew, assign, or expand protection through one WIPO interface.
3. Lower Legal Costs: Avoid separate filings and representation in each country.
4. Uniform Brand Identity: Maintain consistent global brand representation.
5. Global Credibility: Enhances valuation during investment rounds and international partnerships.

For example, when an Indian fintech startup raises funds from global investors, showing that its brand is protected in key markets like Singapore and the U.S. adds tangible IP value to its pitch.

For more on how intellectual property adds business value, you may read: Understanding Brand Protection Strategy for Startups in India.

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Common Mistakes to Avoid While Using the Madrid System

Many first-time applicants make costly errors. The most frequent include:

• Weak or invalid base mark: If your Indian mark is refused within 5 years, your international registration automatically ceases (known as the “central attack” rule).
• Choosing the wrong classes: Overbroad or inaccurate goods/services can invite refusals.
• Ignoring office actions: Failure to respond to objections in time can result in partial or total loss of protection.
• Missing renewals: Renewing late can forfeit valuable rights.
• Assuming automatic coverage: The Madrid Protocol covers only member countries — e.g., not all Middle Eastern countries are members yet.

Prudent applicants often engage IP professionals early to strategize the filing sequence and jurisdiction mix.

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Can Indian Businesses File Without Foreign Attorneys?

Yes — the international application itself is filed through IP India and doesn’t require a foreign attorney.

However, if any designated country’s office (say, USPTO or EUIPO) raises objections, you must appoint a local agentin that country to respond.

In practice, many Indian businesses file on their own through IP India, and only engage foreign counsel if and whenobjections arise. This hybrid approach keeps costs low while ensuring compliance.

For guidance on protecting your trademark post-registration, see: How to Use Your Trademark Properly After Registration (and Avoid Losing It).

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Why Madrid Protocol Matters for Indian Exporters, Startups, and Investors

India’s global business presence is expanding rapidly — in tech, manufacturing, and digital services. As this happens, intellectual property becomes a key determinant of brand valuation and investor confidence.

• Exporters use Madrid filings to secure brand identity in overseas markets.
• Startups protect IP before entering cross-border licensing or franchising deals.
• Venture-backed companies use international trademark portfolios as part of IP due diligence.

For example, an Ahmedabad-based FPO exporting agri-products to Europe can file once via the Madrid system, covering the EU and the UK, ensuring that its farm brand remains protected and enforceable internationally.

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Strategic Considerations Before Filing

Before applying, review:

• Trademark strength: Avoid descriptive or generic names.
• Market plan: Designate countries where business expansion or investment is realistic within 3–5 years.
• Budget allocation: Plan for initial filing + possible office action fees.
• Monitoring and enforcement: Once registered, monitor for misuse or infringement abroad.

It’s also wise to integrate your international trademark strategy with your broader IP and brand licensing strategy — as discussed in our guide on How to License Your Trademark Without Losing Control.

FAQs: International Trademark Protection for Indian Businesses under the Madrid Protocol

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1. How does the Madrid Protocol help Indian businesses protect their trademarks globally?

The Madrid Protocol allows Indian businesses to protect their trademarks in 130+ countries through a single international trademark application filed via the Indian Trademark Registry (IP India). This central filing is examined by the World Intellectual Property Organization (WIPO) and then transmitted to each designated country. Once accepted, it gives your brand the same legal protection as a local registration in that country.

For instance, if an Indian electronics brand files through the Madrid Protocol designating the U.S., U.K., and EU, its trademark will be protected in all those regions — without filing separate national applications. This saves time, reduces legal costs, and creates a uniform global brand identity.

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2. Can Indian startups and MSMEs use the Madrid Protocol?

Yes — Indian startups, MSMEs, and even sole proprietors can use the Madrid Protocol to protect their trademarks internationally. You don’t need to be a large corporation or exporter.

If you have a registered trademark or a pending application in India, you can apply for an international registration through the Indian Trademark Office (CGPDTM).

For example, a Delhi-based SaaS startup serving overseas clients can secure protection in the U.S., EU, and Singaporebefore entering those markets, ensuring no one copies its name or logo abroad.

This makes the Madrid Protocol an affordable, accessible, and strategic tool for India’s growing startup ecosystem.

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3. Can I apply for a U.S. or European trademark directly through the Madrid Protocol from India?

Yes. You can directly designate the United States, European Union, United Kingdom, Canada, and other member countries in your international application filed through the Indian Trademark Registry.

The application is processed by WIPO in Geneva and then forwarded to the USPTO (U.S.), EUIPO (EU), or other designated offices for examination.

If there are objections (for example, a “likelihood of confusion” objection in the U.S.), you’ll need to appoint a local U.S. trademark attorney to respond. Otherwise, your mark will be protected like a regular U.S. or EU registration.

👉 See also: How Long Does Trademark Protection Last in India? And How to Renew It.

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4. How long does it take for an Indian international trademark application to be approved?

The timeline under the Madrid Protocol generally follows this pattern:

• 2–4 months: WIPO’s formality check and publication in the WIPO Gazette of International Marks.
• 12–18 months: Examination and approval by each designated national office (e.g., USPTO, EUIPO, IP Australia).

So, while your international registration number is assigned early, actual protection in each country becomes effective once local approval is granted.

In most cases, you’ll have a fully registered mark in major jurisdictions within 12–18 months — much faster than filing individually in multiple countries.

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5. What happens if my Indian trademark is rejected after I file internationally?

If your Indian (base) trademark is refused, withdrawn, or cancelled within five years from the international registration date, your international registration collapses automatically. This is called the “central attack” rule.

However, WIPO allows a remedy called “transformation.” Within three months of the cancellation, you can convert your international registration into national applications in each affected country. Although this process is more expensive, it preserves your filing date and avoids total loss of rights.

Hence, Indian applicants should ensure their base Indian mark is solid and defensible before filing abroad.

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6. Can I add more countries later under the Madrid Protocol?

Yes — you can expand protection anytime using a process called “subsequent designation.”

Suppose you initially filed for protection in the U.S., EU, and Singapore, and later expand to Australia and UAE. You can add these countries through WIPO without starting a new application.

This flexibility makes the Madrid system ideal for Indian businesses with phased global expansion — you pay only for the additional countries when you actually enter those markets.

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7. What are the costs of filing an international trademark from India?

Your total cost depends on:

1. WIPO basic fee: CHF 653 (black-and-white mark) or CHF 903 (colour mark).
2. Per-country designation fee: varies by country — e.g., U.S. (CHF 400), EU (CHF 897), UAE (CHF 316).
3. IP India certification fee: ₹2,000 per class.

So, for a brand filing in 3–4 countries, the total cost is usually around ₹1.2–2.5 lakhs, depending on exchange rates and the number of classes.

This is still significantly cheaper than filing separately in each country — where individual attorney fees, translation, and government charges can triple the cost.

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8. How long does international trademark protection last under the Madrid Protocol?

Your international registration is valid for 10 years from the date of registration and can be renewed every 10 yearsdirectly through WIPO’s online portal.

The biggest advantage is that you don’t need to renew separately in every country. A single renewal covers all your designated jurisdictions, simplifying global IP management for Indian brands with multiple markets.

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9. What are the disadvantages or limitations of the Madrid Protocol?

While the Madrid system is efficient, it’s not perfect. Some common limitations include:

• Dependency on Indian base mark (first 5 years).
• Not all countries are members — e.g., some Middle Eastern and African nations are outside the system.
• Examination differences — each country still applies its local laws, meaning an accepted mark in one may be refused in another.
• Centralized vulnerability — if your Indian registration is attacked, your international mark suffers too.

That said, for most Indian businesses, the benefits far outweigh the risks, especially when supported by a clear filing strategy and legal guidance.

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10. Can I manage renewals and ownership changes online through WIPO?

Yes. Once your international mark is registered, all subsequent actions — renewals, ownership transfers, address updates, or additional designations — are managed centrally through WIPO’s eMadrid portal.

This eliminates the need to coordinate with multiple foreign law firms. You can handle renewals directly from India, paying in Swiss Francs via credit card or bank transfer.

For growing Indian companies with expanding IP portfolios, this central management feature is a huge administrative relief.

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11. Can an Indian business license or assign an international trademark?

Yes, you can license, assign, or transfer ownership of your international registration, either wholly or partially (for specific countries or goods). These transactions must be recorded with WIPO to be legally recognized internationally.

For example, if a Mumbai-based fashion brand licenses its trademark for use in Italy and France, the license should be recorded under Rule 20bis of the Common Regulations.

If you’re exploring licensing or franchising models, see: How to License Your Trademark Without Losing Control.

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12. Do I need to use my trademark internationally to maintain protection?

Yes. Most jurisdictions (including the U.S. and EU) have use requirements — meaning you must actually use your trademark in commerce within a certain period (usually 3–5 years).

If you don’t, your registration can be vulnerable to cancellation for non-use. So, even after obtaining protection, Indian companies should ensure some form of active or token use (sales, advertising, website presence) in each market.

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13. What happens if another company files a similar trademark in a foreign country before I do?

Trademark rights are generally territorial and first-to-file in most countries. If someone files before you in another jurisdiction, you may be blocked or forced to litigate.

Using the Madrid Protocol early helps you secure priority across multiple countries simultaneously, ensuring no one “squats” on your brand name abroad.

This is especially relevant for Indian D2C and tech startups, whose brand names often gain traction online before international filing.

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14. Can foreign companies use the Madrid Protocol to file trademarks in India?

Yes. The Madrid system is reciprocal. A foreign company with a base mark in a member country (say, the U.S.) can designate India in its international application.

This means foreign filings are examined by the Indian Trademark Office, under the Trade Marks Act, 1999 and local procedural rules.

For Indian companies, this also means you may encounter foreign-owned international applications in the Indian trademark journal — a key reason to monitor filings regularly.

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15. Is legal assistance necessary for filing through the Madrid Protocol from India?

Technically, no — the filing can be done directly through IP India’s MADRASS portal. But in practice, it’s advisable to consult an IP professional or trademark attorney.

A professional can help:

• Strategically select jurisdictions,
• Ensure your base mark is strong,
• Classify goods/services correctly, and
• Respond effectively to foreign objections.

A small upfront investment in advice often prevents major re-filing or litigation costs later.

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16. Which are the most popular countries Indian businesses target under the Madrid Protocol?

The most commonly designated countries by Indian applicants are:

• United States (USPTO)
• European Union (EUIPO)
• United Kingdom (UKIPO)
• Australia (IP Australia)
• United Arab Emirates (UAE Ministry of Economy)
• Singapore (IPOS)
• Japan (JPO)

These regions are major destinations for Indian exporters, tech companies, and consumer brands. Covering them early ensures legal protection in the world’s biggest markets.

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17. How do I monitor my international trademark once registered?

WIPO provides free access to the Global Brand Database, where you can search, monitor, and track your international marks and potential infringers.

Indian businesses should conduct periodic searches to ensure no similar marks are filed in key countries. For high-value brands, it’s advisable to set up automatic watch alerts through IP monitoring services.

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18. Can I claim “international trademark pending” on my product packaging?

Yes, you may mention “International Trademark Application Filed under the Madrid Protocol” or simply “™” while your application is under process. Once granted, you can use the ® symbol in all approved jurisdictions.

However, be careful not to use the ® symbol in countries where the registration isn’t yet granted — this could be seen as misleading.

For a detailed guide on post-registration usage, see: How to Use Your Trademark Properly After Registration (and Avoid Losing It).

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19. Does international registration guarantee enforcement rights abroad?

An international registration gives you exclusive rights to use and enforce your trademark in each designated country.

However, actual enforcement — such as stopping an infringer — depends on local courts and procedures. That’s why many Indian companies work with local IP attorneys or enforcement partners abroad to issue cease-and-desist notices or take legal action when necessary.

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20. How does the Madrid Protocol support India’s global business expansion?

The Madrid system complements India’s growing participation in global trade. By simplifying trademark protection, it empowers Indian companies — from agri-export FPOs to technology unicorns — to build strong international brands.

It aligns with the government’s “Make in India” and “One District One Product” (ODOP) initiatives, making Indian brands globally recognizable and legally protected.

In practical terms, it gives Indian entrepreneurs a strategic IP advantage — turning local innovation into globally enforceable brand ownership.

Final Takeaway

For Indian businesses eyeing global expansion, the Madrid Protocol is more than a filing convenience — it’s a strategic investment in long-term brand control. It allows companies to protect, manage, and scale their trademark rights worldwide with unprecedented simplicity and cost-efficiency.

Whether you’re a D2C brand exporting from India, a SaaS company serving international clients, or an agri-business expanding via FPOs, securing your global trademark rights early ensures your brand remains yours — everywhere you go.

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About the Author

Prashant Kumar is a Company Secretary, Published Author, and Partner at Eclectic Legal, a full-service Indian law firm advising on corporate, regulatory, and transactional matters. He specialises in FPO structuring, agricultural law, and corporate compliance, helping farmer groups, startups, and agri-businesses build legally sound and sustainable organisations.
He can be reached at prashant@eclecticlegal.com or +91-9821008011 for professional consultations or collaborations.