International · guide

The Madrid Protocol in India.

Designate India in a single WIPO application, then have it examined under Indian law. Here's how the route works — and the Indian deadlines your team must still watch.

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How a Madrid designation of India works

  1. 1

    Have a basic mark

    You need a home ('basic') trademark application or registration in your country of origin to file an international application.

  2. 2

    File the international application

    Through your home IP office to WIPO, designating India (and any other member countries) in a single application, in one language, with one set of fees.

  3. 3

    WIPO formal examination

    WIPO checks formalities, records the international registration and notifies each designated office — including the Indian Trade Marks Registry.

  4. 4

    Indian national examination

    India examines the designation under Indian law within 18 months. It may issue a provisional refusal (s.9 / s.11) that must be answered through an Indian agent.

  5. 5

    Protection & the Journal

    If accepted, the mark is advertised and the 4-month opposition window (s.21(1)) applies before protection is confirmed in India.

Key Indian dates to watch

18 months

The limit for India to issue a provisional refusal after notification of the designation.

4 months

The non-extendable opposition window (s.21(1)) once the mark is advertised in the Journal.

5 years

The dependency period — a central attack on the home mark can bring down the Indian designation.

Frequently asked questions

What is the Madrid Protocol and does India participate?
The Madrid Protocol is a WIPO-administered system that lets you seek trademark protection in multiple member countries through a single international application. India is a member, so you can designate India in a Madrid application based on a home-country basic mark.
How long does India take to examine a Madrid designation?
India must notify any provisional refusal within 18 months of being notified of the designation. If no refusal is issued in that period, protection is generally taken to be granted, subject to the opposition process.
What is the 5-year dependency period (central attack)?
For the first 5 years, the international registration depends on the home basic mark. If the basic mark is cancelled or refused in that window, the international registration — including the Indian designation — can fall with it. This is why watching status across jurisdictions matters.
Can I still be opposed in India under the Madrid route?
Yes. A Madrid designation is examined and advertised nationally, so the fixed 4-month opposition window under s.21(1) applies just as it does to a direct national filing.
How does TM Watch help with a Madrid designation?
TM Watch tracks the Indian designation's status and documents from the IP India register, computes the Indian statutory deadlines (including the opposition window) with their legal basis, and watches the Journal for conflicts — so your team catches a provisional refusal or an opposing mark in time. It is advisory and never files or responds on your behalf.

Software for practitioners — not a filing service. TM Watch is the platform your practice runs on: it tracks status, computes statutory deadlines with their basis, watches the Journal and prepares drafts for your review. Every date is advisory — verify against the official Registry record. TM Watch never files, pays, or signs anything with the Registry; you, the attorney, stay in control of every action.

Watch your Indian designation.

Track the status, provisional-refusal deadline and opposition window for every Madrid designation of India.

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