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1. A GUIDE TO FILING AN
APPLICATION UNDER THE MADRID
PROTOCOL
Angela Dsouza
contact@intepat.com
www.intepat.com

2. WHAT IS THE MADRID PROTOCOL?
The trademark law of any country provides for the
registration and protection of trademarks in that
respective country. However, registration of a
trademark under such law guarantees protection
only within the territorial limits of that country. As a
consequence, a trademark protected in one country
goes unprotected in another nation, unless a
separate application is filed in every other country.
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3. However, bringing relief from this herculean task is the
Madrid Agreement (1898) and the Madrid Protocol
(1989). These are administered by the International
Bureau of the World Intellectual Property
Organization. The Madrid Protocol aims for
convenience in the system of registration of marks
internationally. You can now file a single application
and register your trademark in different countries
simultaneously.
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4. WHAT ARE THE BENEFITS OF THE
MADRID PROTOCOL?
The Madrid Protocol proffers several benefits. The primary one is that
a single application can cater to the registration of the trademark in
several countries. In addition to this, the application has to be filed in
only one language: English, French or Spanish. You will have to pay only
a single set of fees. In addition, there will be only one registration
number and only one renewal date. Also if you wish to make any
changes in your trademark registration in the future, you can do it
through a single application.
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5. HOW DO YOU FILE AN APPLICATION
To file an application under the Madrid Protocol through India,
a person should be a citizen of India or should be domiciled in
India or should have a real and effective business in India.
Therefore, India will be the country of origin. The international
application will be presented to the WIPO by the office of
origin, in this case the Indian Trademark Registry. It has to be
presented on the official form and in one copy and should be
signed by the office of origin.
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6. WHAT HAPPENS NEXT?
Once the application is submitted to the Trade Mark Registry,
the Registry will review and certify your application and then
submit it to the WIPO. Next, the WIPO does a formality check
of the international application. If there are no issues, then the
mark is registered and published in the WIPO gazette. The
mark is then forwarded to the Designated Contracting Parties
i.e. the countries where you want your trademark to be
registered.
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7. Now the Designated Contracting Parties will review
the application as per their national law. In the event
of any opposition or objection, the provisional refusal
is communicated to the WIPO who then
communicates it to the trademark holder. The
Registries of the Designated Contracting parties also
entertain responses from the holders.
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8. If there is no objection or the objections have
been waived off, the Designated Contracting
Party will grant protection to the trademark
as a mark registered with their office. This
protection will be for a duration of twenty
years after which it has to be renewed.
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9. Madrid Application
Procedure

10. WHAT IF THERE IS AN OBJECTION?
There is a complete procedure laid out for responding
to objections and oppositions. In the event of any
opposition or objection, the same is communicated to
the WIPO who in turn, informs the Office of Origin,
which in your case is the Indian Trademark Registry. The
Trademark Registry will then communicate the same to
the applicant, who will then have a month to respond to
them. Based on the response, appropriate action will be
taken.

11. Intepat IP Services Private Limited
No:8, 1st Floor, 15th Cross,
100 Feet Ring Road, JP Nagar 6th Phase
Bangalore – 560078, India
Email: contact@intepat.com Web: www.intepat.com Tel: 080-42173649