Using the Madrid Protocol

• India is a member of the Madrid Protocol, an international treaty that facilitates trademark protection across multiple countries with a single application.
  
• You must first file or register your trademark in India before applying internationally.
  
• The international application is based on the Indian application or registration and must be identical in all respects.
  
• You can designate one or more member countries where you seek protection.
  
• The process is centrally administered but each designated country examines the application under its own laws.
  

Filing Through Indian Trade Marks Registry

• Submit the international application through the Indian Trade Marks Registry, which acts as the Office of Origin.
  
• The application must be filed using Form MM2 under the Madrid Protocol, along with the applicable fee.
  
• The Registry verifies the details and forwards the application to the World Intellectual Property Organization (WIPO).
  
• WIPO examines it for compliance and transmits it to the designated national offices.
  
• Each national office conducts individual examination and issues acceptance, objections, or refusal.
  

Direct National Filings

• If the country where protection is sought is not a member of the Madrid Protocol, a direct national application must be filed.
  
• You will need to follow the specific country’s rules, procedures, classification, and documentation requirements.
  
• Engage a local trademark attorney or agent in the foreign jurisdiction for compliance and representation.
  
• This method is also used when a more tailored or extensive protection is required beyond Madrid limitations.
  

Supporting Documentation and Strategy

• Maintain a valid Indian registration or application, along with usage evidence and branding materials.
  
• Prepare a clear list of goods or services that align with the classes under the Nice Classification.
  
• Conduct a trademark clearance search in each country to avoid refusal or conflicts.
  
• Align your international strategy with business expansion plans, exports, and licensing interests.
  

Advantages of International Protection

• Secures legal rights to your brand in multiple countries through a streamlined system.
  
• Prevents unauthorized use, counterfeiting, or infringement in foreign markets.
  
• Supports global brand recognition and enhances credibility with partners and investors.
  
• Enables easier enforcement, licensing, and franchise opportunities across jurisdictions.