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Trademarks are a defensive and expansion strategy for businesses all over the world. With the growth of globalisation and online marketplace presence, it is no longer viable to keep track of everything made public on social media and the internet, and a "who gets there first" mentality has taken hold among new-generation entrepreneurs and their competitors.
From an entrepreneur's perspective, international trademark registration is essential — failing to protect a brand abroad reduces the impact of the trademark, resulting in financial losses as well as a loss of goodwill. International registration also makes it easier to license trademark rights to other organisations, supporting franchise operations.
Any brand looking to expand beyond India's borders should protect its identity in every market it plans to enter.
A specific brand must first be checked to make sure it has not already been registered before proceeding with international registration.
Any applicant can search for a trademark already registered in the market where they wish to apply, using the WIPO (World Intellectual Property Organization) Global Brand Database. The search may be based on the class of goods or services, the text used in the mark, the image used, and other factors.
The trademark must first have been registered and applied for with the intellectual property office of the applicant's own country — the country from which the international application is being submitted.
The applicant must also be connected to at least one contracting party of the Madrid System — as the domicile of the contracting party, as a resident of the contracting party, or through a real or effective industrial or commercial establishment in that contracting party — which becomes the applicant's "office of origin."
Filing under the Madrid Protocol follows a defined sequence between the Indian Trademark Office and WIPO.
The registration application is submitted using an M2 form. Details such as the mark's name and description, class of goods and services, and priority date are checked to make sure they line up with the basic application already registered in India. If they match, the Indian Trademark Office forwards the application to WIPO and issues a certificate showing the date of the international application, against a minimum fee of Rs. 2000.
WIPO carries out a formal assessment against the Madrid Protocol's requirements. Any discrepancies must be corrected within three months, or the application is deemed abandoned. If compliant, it is entered in the International Register, published in the WIPO Gazette, and the trademark offices of the countries where protection was requested are notified. The applicant receives a certificate of international registration — this step alone does not amount to registration in the desired countries.
Each designated country's office conducts its own review under its own legal framework, much as it would for a direct national application, and notifies WIPO of its decision within 12 to 18 months. The applicant is informed once a decision is recorded. If approved, protection is valid for 10 years; if rejected, WIPO plays no further part in proceedings between the applicant and that country's trademark office.
Once granted, international trademark protection under the Madrid Protocol is valid for ten years from the date of international registration. To maintain protection, brand owners must:
We manage every step, document, and follow-up with the Indian Trademark Office and WIPO so you can focus on your business.
We check the WIPO Global Brand Database before you file, across your target markets.
Preparing the application so every detail lines up with your base Indian registration.
Complete filing with the Indian Trademark Office for onward transmission to WIPO.
We respond to discrepancies raised by WIPO within the three-month window.
Regular follow-up across the Indian Trademark Office, WIPO, and designated countries.
Guidance on responding to objections raised by individual designated-country offices.
We remind you well in advance of the 10-year renewal deadline.
Help preparing and organizing all required documents for the application.
Advice on which countries and classes to designate as your brand expands.
Talk to a First Auditor specialist today — get a clear fee quote and document checklist before you start.
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