International trademark filing.
There is no worldwide trademark. Protection is territorial, country by country, and the only real question is which countries are worth paying for and by which route. The Madrid Protocol lets one application from India reach many of them — with one dependency risk that nobody explains until it bites.
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Two routes to the same protection.
| Madrid Protocol | Direct national filings | |
|---|---|---|
| How it works | One application through the Indian Registry to WIPO, designating the countries you want | A separate application filed in each country, through local agents |
| Base requirement | An Indian application or registration is required as the basis | None — each filing stands alone |
| Cost with many countries | Generally lower — one filing, one set of formalities | Higher — separate agent fees in each jurisdiction |
| Cost with one or two countries | Often no cheaper, and sometimes more | Usually the better choice at low volume |
| Specification | Must be within the scope of the Indian base, which can be limiting | Drafted to each country's own standards from the start |
| Dependency | Tied to the Indian base mark for an initial period — the central attack risk | Fully independent from day one |
| Adding countries later | Simple — a subsequent designation on the existing international registration | A fresh filing each time |
| Managing renewals | One renewal for the international registration | Separate renewals per country, on separate cycles |
Not every country is a Madrid member, so some markets can only be reached by direct filing regardless. A realistic strategy for most Indian businesses is a hybrid — Madrid for the broad set, direct filings for the countries that are outside the system or genuinely critical.
Central attack, and why the Indian base matters.
A Madrid international registration is dependent on the Indian base mark for an initial period. If the Indian application is refused, withdrawn, opposed successfully or cancelled during that period, the international registration falls with it — in every designated country at once.
This is known as central attack. A competitor who cannot easily challenge your mark in six countries individually may be able to attack the single Indian application that all six depend on.
There is a remedy. Where an international registration is cancelled because the base mark failed, it can be transformed into national applications in the designated countries, preserving the original date — but transformation is expensive, since it means paying national fees in every country at once, precisely when you least expected to.
The practical consequence is that the Indian application deserves more care than it usually gets when it is doubling as a Madrid base. A weak base mark, filed cheaply without a search, puts an entire international portfolio on a foundation that may not hold.
What you receive.
Where this sits.
International trademarks, answered.
Is there such a thing as a worldwide trademark?
No. Trademark rights are territorial and exist only in the countries where they are registered or, in some systems, used. There is no single registration covering the world.
The Madrid Protocol is often described as a "international trademark", which causes the confusion. It is not one right covering many countries — it is one application process that produces a bundle of national rights, each of which can be refused, opposed or cancelled independently in its own country.
What is the Madrid Protocol and can Indian businesses use it?
An international filing system administered by WIPO that allows a single application, filed through your home registry, to designate multiple member countries. India is a member, so an Indian applicant can file through the Indian Trade Marks Registry as office of origin.
It requires a basic mark — an Indian application or registration — as the foundation. You cannot use Madrid without first having filed in India, and the international application cannot claim broader goods than the Indian base covers.
Which countries should I file in?
Filing everywhere is not a strategy, it is an expense. The countries that usually justify filing are:
- Where you actually sell, or will within a year or two
- Where you manufacture or source, to prevent local registration by a supplier
- Where you franchise or license, since the mark is the thing being licensed
- Where counterfeits of your product are known to originate
- Where a distributor or agent could otherwise register the mark in their own name
For a Goa business, the answer is often narrower than expected — the Gulf states for a hospitality or food brand, the UK and EU for an exporter, the US for anything selling through American marketplaces.
What is central attack?
The dependency of a Madrid international registration on its home base mark during an initial period. If the Indian base is refused, withdrawn, successfully opposed or cancelled during that period, the international registration falls in every designated country simultaneously.
It is the single biggest risk in the Madrid system and the reason the Indian application deserves proper care when it is doubling as a base. A cheaply filed base mark with no search behind it puts the entire international portfolio on an uncertain foundation.
What happens if the base mark fails?
The international registration is cancelled to the extent the base failed — but there is a remedy. Transformation converts the affected designations into national applications in each country, preserving the original date of the international registration.
It works, and it is expensive, because national filing fees fall due in every country at once. Which is why the sensible answer is to make sure the base mark is sound before designating, rather than relying on a remedy priced at the worst possible moment.
Can a designated country refuse my mark?
Yes. Each designated office examines the mark under its own law and can issue a provisional refusal within the period allowed. Grounds vary by country — an earlier local mark, descriptiveness in the local language, a specification that does not meet local standards.
A refusal in one country does not affect the others. Responding requires a local agent in that jurisdiction, which is coordinated as part of the engagement. The most common cause of provisional refusals for Indian applicants is a specification that was acceptable in India but is considered too broad elsewhere.
Can I add countries later?
Yes, through a subsequent designation on the existing international registration. This is one of Madrid's genuine advantages — as the business enters new markets, adding them is straightforward and does not require starting over.
The subsequent designation takes effect from its own date rather than the original date, so it does not give retrospective protection. Countries where you already know you will trade are better designated at the outset.
How does renewal work internationally?
A Madrid international registration is renewed centrally, in one transaction covering all designations — a significant administrative advantage over separate national renewals on unaligned cycles.
Direct national filings each carry their own renewal date and their own local requirements, which for some countries include proof of use. Portfolios built by ad hoc direct filings over several years are among the easiest to let lapse, simply because nobody holds the complete calendar.
My distributor abroad has registered my brand. What now?
Unfortunately common, and it is why filing ahead of appointing distributors matters. The available routes depend on the country, but generally include cancellation on the basis of bad faith, non-use where they are not using it themselves, or reliance on provisions protecting a principal against registration by an agent.
All of it is slower and more expensive than having filed first. Where you are about to appoint agents or distributors in a new market, the filing should go in before the relationship begins, not after it sours.
Decide the countries before the route.
Tell us where you sell, where you manufacture, and where you plan to be in two years. The country list comes first — Madrid versus direct filing follows from it, not the other way round.