International Trademark Application explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
An international application originating from India is filed electronically through the Trade Marks International Application System, and the Registrar certifies its contents in Form MM2(E) under rules 65 and 66 of the Trade Marks Rules, 2017. This page was earlier titled "Form TM-M: Madrid Protocol Application", but in the Second Schedule Form TM-M is the form for miscellaneous requests, not the Madrid application. If you plan to protect a mark abroad, our trademark registration team can coordinate the Indian filing and the international application.
The Rules say an international application originating from India is filed electronically through the Trade Marks International Application System (rule 65). It must be in English (rule 63). The Registrar certifies its contents in Form MM2(E) as provided by the International Bureau (rule 66(1)). A handling fee of Rs. 5,000 (e-filing only) is shown in entry 23 of the First Schedule and is paid in Indian rupees electronically with the application (rule 67). If the application is in order, it is forwarded to the International Bureau within two months of receipt (rule 66(2)).
What Form TM-M is actually for
The Second Schedule lists TM-M for requests such as amendment of a trademark application, seeking the grounds of a decision, preliminary advice of the Registrar, certified copies, a duplicate registration certificate, extension of time, review of a decision, inspection of documents, particulars of advertisement and "any other matters not covered in other TM forms". Rule 19 uses it for the authorisation of an agent, and rule 109 for an application for extension of time. It is not a Madrid form. The full list is explained in the forms article for the Second and Third Schedules and in rule 11: forms and electronic filing.
The Madrid chapter of the Rules
Chapter IV of the Rules (rules 62 to 74) implements sections 36A to 36G of the Act for the Madrid Protocol. Rule 62 says that words not defined in the Rules take the meaning given in the Protocol or the Common Regulations. Rule 74 says the provisions of the Madrid Protocol, the Common Regulations and the Administrative Instructions apply, subject to the Act, to international applications originating from India and to international registrations designating India. The background is in rules 62 to 64 and sections 36A to 36C.
How an international application from India is filed
| Step | What the Rules say | Rule |
|---|---|---|
| Language | The application, and any communication for transmission to the International Bureau, is in English | 63 |
| Mode | Notices and responses are in electronic form only | 64 |
| Filing | Filed electronically through the Trade Marks International Application System | 65 |
| Certification | The Registrar certifies the contents in Form MM2(E) as provided by the International Bureau, on payment of the fee in entry 23 of the First Schedule | 66(1) |
| Forwarding | If compliant, certified with the date of receipt and forwarded to the International Bureau within two months of receipt | 66(2) |
| Non-compliance | The Registrar does not forward it, and gives notice to comply; it is forwarded only after compliance within the period in the notice | 66(3) |
| Fee | Handling fee paid in Indian rupees, electronically, along with the application | 67 |
The statute is section 36D: international application originating from India. Rules 65 to 67 are explained in rules 65 to 67: international application from India, verification and handling fee.
Handling fee as notified in 2017
Entry 23 of the First Schedule is "handling fee for certification and transmission of international application to International Bureau with MM2(E)".
| Mode | Fee as notified in 2017 |
|---|---|
| Physical filing | Not allowed |
| E-filing | Rs. 5,000 |
This is the amount as notified in 2017; check the current Schedule. It is the Indian handling fee only. The International Bureau charges its own fees under the Protocol and Common Regulations, which these Rules do not set out.
Who does the examination abroad
Once the application leaves India, the designated countries examine it. The Rules cover only the Indian side of the outbound application. For the opposite direction, an international registration that designates India, rules 68 to 73 say the Registrar enters the particulars in a record, ordinarily examines the advice within two months, notifies any provisional refusal within the refusal period under article 5 of the Protocol, and, where there is no ground for refusal, ordinarily advertises the particulars within six months. Opposition in that case is processed under rules 42 to 51. Rule 72 gives the holder one month from the International Bureau's advice to submit regulations for a collective or certification mark, and rule 73 provides for replacement of a national registration. See rules 68 and 69 and rules 70 to 74.
Common mistakes
- Using Form TM-M for a Madrid filing because an older page said so.
- Filing on paper. The Rules say the international application is filed electronically.
- Forgetting that the handling fee is paid in rupees with the application, and is separate from International Bureau fees.
- Assuming the Registrar forwards a defective application. Under rule 66(3) he asks you to comply first.
- Mixing up the two directions. Rules 65 to 67 are for an application from India; rules 68 to 73 are for a registration that designates India.
What to check before you start
Read our guide to filing under the Madrid Protocol and the overview of Madrid registration from India. Sections 36A to 36G of the Act set who can file and the effect of the international registration.
Need help with an international application?
An international application needs the Indian base, the list of designated countries and the English specification to match. Our trademark registration service can coordinate the Indian filing, the Form MM2(E) certification and the follow-up.
Key takeaways
- Form TM-M is the miscellaneous-requests form, not a Madrid form.
- An international application from India is filed electronically (rule 65), in English (rule 63).
- The Registrar certifies it in Form MM2(E) and ordinarily forwards it within two months (rule 66).
- The handling fee in entry 23 of the First Schedule is for e-filing only, as notified in 2017.
- Rules 68 to 73 govern international registrations that designate India.
Read next
- Rules 62 to 64: Madrid definitions, language and notices
- Rules 65 to 67: international application from India
- Section 36D: international application originating from India
- How to file an international trademark application under the Madrid Protocol
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form on the IP India portal. This article is general information, not legal advice.