Skip to content

Madrid Trademark Filing
100% Online IPR Services

India is a signatory to Madrid Convention; thereby, trademark applications may be filed to member countries through the Indian Trademark Office. We help register and renew trademarks filed under the Madrid Protocol.
Google review
Trustpilot Logo

Get in touch with us

Your Information is safe with us

International Trademark Filing

Filing a trademark application is the first step towards registration of a trademark in India, Our pool of IP Attorney’s are very experienced with over 18+ years of experience in trademark filing, and prosecution matters in India and worldwide.

International Trademark Filing

The law of trademark passed by the Indian government is applicable and have force only within the Territory of India, thus, the trademark registered in India shall have effect only within India, in order to obtain protection of trademark in other foreign countries the same need to be registered under law of that country. Every country has its own trademark law prescribing regulations for registration of trademark in that country. In other words, if a person wishes to obtain trademark registration in any particular country then a separate application has to be moved in all such foreign countries. In the year, 2013 Indian government acceded to the Madrid convention which prescribes a methodology of filing international application to the contracting parties from India through the office of the Registrar of Trademark.

Two methods by which an International Application can be filed

International application in each foreign country: To seek protection in any country directly, an International application must be filed directly to the Trademark office of the foreign country by following the laws and regulations of that country. For this purpose the applicant must hire local law firm which is practicing in trademark in that foreign country. In practice the applications to countries which is not party to the Madrid system can be filed as per above. We provide our services in engaging an Attorney in the foreign countries work closely for registration of trademark in the foreign country.
International application under Madrid system: The trademark registration can be initiated by filing an International application under Madrid protocol before the Registrar of Trademark for specific countries. The Indian Trademark office collects International Trademark application and after finding it in conformity with the Madrid protocol transmits such an International application to the WIPO, which further transmit it to the concern foreign countries. Each International application is processed by the foreign country as per their law and all communications are routed through Indian Government.

Basic understanding for International TM Registration under Madrid system

Under the Madrid protocol a mark can be protected in many jurisdiction by filing an application for International registration. Such application is presented to the International Bureau of the World Intellectual Property Organization (WIPO) at Geneva through the office of origin for example if applicant is from India then office of origin shall mean to be the Registrar of Trademark in India. The Madrid system of filing trademark provides one single procedure for registration of trademark in several territories. The immediate advantages of Madrid system are as under
International TM Registration under Madrid system
Only one International application is required to be filed to register a trademark in one or many foreign territories, provided there are parties to the Madrid convention. (There are 98 countries who have signed and ratified the Madrid convention)
The application can be filed in any one language out of English, French or Spanish irrespective of the language of contracting party. The Government filing fees for each foreign country shall be paid in India and in one currency only i.e. Swiss Franc (CHF). All the applications filed under Madrid convention shall be allotted only one registration number valid in all territories and it shall also have only one renewal date. The registration obtained under Madrid system can be further extended geographically and any changes may also be recorded through one single procedure affecting registration across foreign territories.
The International application under Madrid protocol may be filed based on either a mark that has already got registered in India or which has been applied for registration. It means to file an International application first a local registration of trademark be obtained or applied for. The International application can be filed only in respect of goods or services for which the local registration in respect to a trademark has been obtained or applied.
The International application can be filed for the countries or group of countries which are parties to the Madrid protocol and have further ratified the same. A list of 98 countries, who are parties to the Madrid convention can be obtained from us. However, it may be interestingly, noted that countries like Nepal Pakistan, Bangladesh, Sri Lanka, Myanmar,Malaysia, Hong Kong, Indonesia, Iraq, Kuwait, Mauritius, Saudi Arab, Taiwan, Thailand, Canada etc. are not part of Madrid protocol, it means if a person from India want to get registration of trademark in above mentioned countries then separate application has to be moved with the help of local Attorneys.

Procedure for Filing International TM Application

International application in each foreign country
To file an International application under Madrid protocol through India the applicant must be an Indian national or domiciled in India or the applicant have a real or effective business or commercial established in India. The applicant must have filed a Trademark application in India or is a registered owner of the trademark for which International registration is sought. Kindly note that the International application can be filed for the same trademark as mentioned in national trademark application or registration, at the same time the description of goods or services mentioned in trademark application need to be identical or no wider than the basic national mark.
International application under Madrid system
The International application may be filed with the help of an Attorney, for that the Attorney must be duly authorized on Form TM-48 by the applicant. As TM-48 is in the nature of Power of Attorney hence the applicable Stamp duty must be paid based on the state specific stamp duty Act under whose jurisdiction it is executed. The International application is to be submitted in the prescribed Form MM-2(E) however, if it is the case of USA then another application in Form MM-18 (E) need to be filed and in case the foreign country is a part of European Union then the applicant must indicate a second language in the application out of French, German, Italian and Spanish.
Upon receiving an International application, the Registrar shall verify that it is in conformity with the provisions of Madrid protocol and will transmit such application to WIPO. After verification, the WIPO transfer it to the concerned foreign Govt. The application is processed by the foreign Govt. as per their law and all communication is routed through the Indian Govt. The International registration is dependent upon the validity of local registration for a period of 5 years, in other words if the local registration ceases to have effect or the application of TM is refused or withdrawn or treated as abandoned within 5 years then the International registration will be no longer protected.
The WIPO scrutinizes International applications received from offices of origin. If any irregularity is found, the International Bureau notifies such irregularities to the office of origin concerned as well as to the applicant/applicant’s authorized representative. The irregularities are ordinarily rectified through the office of origin within the period of three months from the date of notification. When the international registration is accepted for protection in respect of all or some of goods/services, the particulars of the international registration shall be published in a separate part of the Trademarks Journal and if no objection is received the Trademark gets registered.

Get Started

Based on 701 reviews
powered by Google
Nishant kumarNishant kumar
07:29 28 Oct 22
Registration no more a tedious task with setindibiz.All process are simplified.Just sign some documents and get you establishment registered.
Sandeep KumarSandeep Kumar
05:23 30 Sep 22
A good platform for small businesses. They have professional team which helps since inception to all the tax compliance.
Rachit JainRachit Jain
13:48 12 Aug 22
Absolutely great service, professional is all aspects, good guidance and follow up, helped me get my startup recognition in no time. Totally recommend their services.
shyam kumarshyam kumar
08:54 12 Jul 22
Applied for startup recognition certificate, work done in scheduled time with good coordination of teamThank u
khushalkj jainkhushalkj jain
12:59 24 Mar 22
Shubendu was good, in explaining what would work well for us in terms of company registration and overall process was smooth.Giving 4 star as i had to followup on a couple of occasions , otherwise all good.
MakeMyRender 3DMakeMyRender 3D
11:47 15 Mar 22
I'm very happy to apply my Company Registration with Setindiabiz.Below are the reasons:Very ProfessionalEverything was done as per committedYou get every help when you need.All the coordinator was very proactiveAll my appreciation and a big thank you to the team from Setindiabiz.
Anil NagpalAnil Nagpal
02:08 05 Mar 22
I have interacted with Mr. Sushant on our day-to-day work with SETINDIABIZ and he is amazing gentleman. Quick response and soft spoken are his great strengths. I enjoy interacting with him.
11:04 02 Mar 22
I am happy with flawless work. ease of accomplishing . In time delivery. I am still IN for their services.
poonam sharmapoonam sharma
10:05 28 Feb 22
Very helpful and responsive. Good job by Ms Bhavika.
Siddharth GuhaSiddharth Guha
07:04 26 Feb 22
Timely Service and reminders provided along with proactive assistance in all matters of financial accounting.
Jaibir LohoknaJaibir Lohokna
02:04 25 Feb 22
Extremely responsive great team. I had a wonderful experience. The team kept me updated of every action and executed the task expeditiously. I wish Ms Misba from SetIndiaBiz and her team all the very best in every future endeavours of theirs.
Saud SayedSaud Sayed
10:54 23 Feb 22
Great services for filing for income tax, GST registration and company registration. Have been using their services for the last 5 years. No need to visit any of their offices as everything happens on the phone and online.

Leading Brands Rely On Our Expertise

pharma clinik
larson and turbo
indian post