Why trademarks do not travel on their own
A trademark registration is territorial. A registration in India gives you rights in India only, and a competitor in another country can register the same name there unless you have filed first. If you export, sell on international marketplaces or plan to expand, you need to decide which countries matter and protect the mark there before launch, not after a dispute.
The Madrid Protocol in one paragraph
India is a member of the Madrid system for the international registration of marks, administered by the World Intellectual Property Organization (WIPO). Instead of filing separately in each country, an Indian applicant files one international application, in one language, naming the countries in which protection is wanted. Each named country then examines the mark under its own law, and either grants protection or refuses it, independently of the others.
It starts with an Indian filing
An international application must be based on an existing application or registration in India, called the basic mark. The international application is submitted through the Indian Trade Marks Registry, which certifies it and forwards it to WIPO. The mark, the owner and the goods and services in the international application must match the basic mark, so a precise, well-drafted Indian specification matters even more when you intend to go abroad.
The five-year dependency
For five years from the date of the international registration, the international registration depends on the Indian basic mark. If the basic application or registration is refused, cancelled or limited during that period, the international registration is affected to the same extent in all designated countries. This is often called central attack, and it is the main reason to clear and file the Indian mark carefully before extending it. After five years the international registration becomes independent.
Costs and timing
The cost has three parts: the official fee payable in India for forwarding the application, the WIPO basic fee in Swiss francs, and a country fee for each designation, which varies widely between countries. A country with a high fee or a difficult examination practice can cost more than several easier markets together, so choose countries by commercial priority rather than listing every country at once. Each office has a fixed period to issue a refusal, commonly twelve or eighteen months, and if it issues none the mark is protected there.
Check the country before you plan
Not every market is a member of the Madrid system, and some regions have their own regional route. Before building a launch plan around a country, check whether it is a Madrid member and what the local examination practice is. Rules, fees and forms are revised periodically, so confirm the current position with the Trade Marks Registry, WIPO and a trademark attorney before filing.
Note: this guide is general information, not legal advice for your specific matter. Rules, fees and registry practice change. Before acting, speak to us about your situation.