Overview of International Trademark Registration in India

Imagine you have created a unique brand — whether it’s a catchy name for your new software, a stylish logo for your fashion line, or a memorable jingle. You have protected this brand in India by registering it as a trademark.

But what happens when you want to expand overseas? How do you stop someone in another country from copying your brand name or logo?

An Indian trademark offers protection only within India. To safeguard your brand globally, you need International Trademark Registration. This process allows you to secure your trademark rights in multiple countries through a single application, ensuring your brand stays protected as your business grows across borders.

What is International Trademark Registration?

A trademark is the core of your brand’s identity — a sign that tells customers, “This product or service comes from a specific company and meets a certain standard of quality.” It can be a name, logo, slogan, or even a sound.

When you register a trademark in India, you get exclusive rights to use it only within India’s borders. This protection is territorial, meaning it applies only in the country where it is registered.

International Trademark Registration extends this protection beyond India. It gives you the exclusive right to use your trademark in the countries you designate.

To apply internationally, businesses typically use the Madrid System, administered by the World Intellectual Property Organization (WIPO). Applications can be made through the eMadrid system accessible via the WIPO IP Portal (ipportal.wipo.int) or directly at wipo.int/web/emadrid/.

Why Does Your Business Need International Trademark Registration?

Many small business owners wonder if they really need international trademark protection. For any business selling online or planning to expand globally, the answer is yes — and here’s why:

• Protect Your Brand When Selling Abroad: Without international registration, someone in another country could copy your name or logo, causing confusion and damaging your reputation.

• Secure Your Online Presence: Your website is global. Customers anywhere can buy from you. International trademark protection helps keep your brand safe worldwide.

• Prevent Trademark Squatting: In some countries, others may register your brand name before you do, blocking your entry or demanding payment to release the trademark. Registering in advance stops this costly risk.

• Build a Global Brand: International registration is essential for businesses wanting to create a brand recognized and trusted worldwide.

In short, it’s not just for big companies — any business with growth plans, online sales, or global ambitions should consider it.

Benefits of International Trademark Registration

Protecting your brand internationally offers many benefits:

• Legal Safeguard:

  • Exclusive rights to your trademark in designated countries.

  • Power to stop counterfeiters and unauthorized users.

  • Peace of mind to invest confidently in new markets.

• Build Business Value & Trust:

  • Registered trademarks are valuable intellectual property assets.

  • Attract investors by showing global protection.

  • Build customer trust with the ® symbol internationally.

• Unlock New Business Opportunities:

  • License or franchise your trademark in foreign markets.

  • Attract partnerships and collaborations with established protection.

• Smooth Export/Import Processes:

  • Customs officials can verify your trademark to prevent counterfeit imports.

  • Easier clearance for your genuine products.

Who Can Apply for International Trademark Registration?

You can apply if you meet at least one of these criteria:

• You are an Indian citizen.

• You have a business in India (a real commercial or industrial establishment).

• You are domiciled in India (permanent residence).

Meeting these conditions allows you to use India as the home country to file internationally under the Madrid System.

The Madrid Protocol: Simplifying International Registration

Before the Madrid System, protecting a trademark in multiple countries meant:

• Hiring lawyers in each country.

• Filling out separate applications in multiple languages.

• Paying different fees in different currencies.

• Managing different renewal dates.

It was complicated, costly, and time-consuming.

The Madrid System changes this completely. It allows you to file one single application, in one language, and pay one set of fees to protect your trademark in over 120 member countries.

WIPO, a United Nations agency based in Geneva, manages this system, making it easier and more affordable for businesses worldwide.

India’s Membership in the Madrid Protocol

India joined the Madrid Protocol on July 8, 2013, a landmark step for Indian businesses.

Now, you can file your international trademark application through the Indian Trademark Office and extend protection to 120+ countries — faster, simpler, and at a fraction of the previous cost.

• Save Money: Costs are much lower than filing separately in each country.

• Save Time: One application processed centrally by WIPO.

• Simplified Management: Renew and manage your entire international trademark portfolio online.

Cost Example

Registering a trademark in 5 countries via the Madrid Protocol typically costs ₹1.5 to ₹2.5 lakhs, compared to ₹5–8 lakhs or more with separate filings.

This includes:

• WIPO basic fee (~₹61,000)

• Designation fees for countries (~₹47,000)

• Indian government handling fee (~₹5,000)

This makes global protection accessible for startups and SMEs.

Protect your brand as it grows beyond India’s borders. International Trademark Registration is an essential step to secure your business’s future and build a truly global presence.

Pre-requisites for International Trademark Registration

Before you can use the Madrid System for international trademark protection, you need to have your foundation ready in India. The essential prerequisites are:

a. A ‘Basic Mark’ in India

Your international application cannot be filed independently; it must be linked to a domestic trademark in India. This means you must have either:

• A Registered Trademark in India: Your trademark is officially registered with the Indian Trademark Office.

• A Pending Trademark Application in India: You have filed an application, and it is currently being examined.

This Indian trademark application or registration is called your basic mark. Your international application will be linked to this basic mark, and details such as the trademark itself and the list of goods/services must exactly match.

b. Domiciled in India

You must have a real connection to India, meaning:

• You are an Indian citizen, or

• You have a business establishment in India, or

• You are domiciled (permanent resident) in India.

The Indian Trademark Office will act as your Office of Origin, through which you file your international application.

Documents Required for International Trademark Registration

The Madrid System requires minimal paperwork compared to older methods. Key documents include:

• Copy of your Indian Trademark Application or Registration Certificate (for accurate details).

• Identity and Address Proof (PAN card, Aadhaar, or company incorporation certificate).

• Power of Attorney (Form TM-48) if you appoint an attorney or agent.

• Digital image of your trademark/logo (for device marks).

The main focus is on correctly filling the MM2(E) application form.

International Trademark Registration Process from India: Step-by-Step

Step 1: Trademark Search on WIPO’s Global Brand Database

Before filing, use WIPO’s free Global Brand Database to check if similar marks exist in your target countries. This helps avoid rejections and saves costs.

Step 2: File International Application (Form MM2(E))

File Form MM2(E) with the Indian Trademark Office, listing your basic Indian mark details and the countries where you want protection (“designated countries”). Pay the handling fee.

Step 3: Indian Trademark Office Verification

The Indian office verifies your application against the basic mark for consistency (trademark, owner details, goods/services). If all is correct, they certify and forward it to WIPO.

Step 4: Examination by WIPO

WIPO formally examines your application for correctness, classification, and fees. If all is in order, your trademark is recorded in the International Register.

Step 5: Publication and Notification

WIPO publishes your trademark in the WIPO Gazette of International Marks and notifies all designated countries’ trademark offices. You receive a certificate of international registration.

Step 6: Examination by Each Designated Country

Each country reviews your application per their national laws within a set deadline (usually 12–18 months). They may:

• Accept the trademark (grant protection).

• Issue a provisional refusal (you can respond/appeal).

Step 7: Grant of International Registration by WIPO

If no refusal is issued, WIPO records the grant of protection and notifies you. Your trademark is then enforceable in each designated country that approved it.

International Trademark Registration Fees

WIPO provides an online fee calculator for precise estimates.

Factors Affecting Final Costs

• Number of designated countries.

• Number of trademark classes (goods/services categories).

• Whether the trademark is black & white or colored.

Validity and Renewal

• The international registration is valid for 10 years from the registration date.

• Renewals are centralized — you submit a single renewal application to WIPO and pay one fee covering all countries.

• Renew your trademark every 10 years indefinitely.

• WIPO sends a renewal reminder 6 months before expiry.

Common Mistakes to Avoid

• Choosing a weak mark: Avoid overly descriptive or generic trademarks that are hard to protect.

• Skipping trademark search: Always conduct a thorough search to avoid refusals.

• Incorrect classification: Use correct goods/services classes (total 45 classes).

• Application errors: Double-check all personal and trademark details for accuracy.