Madrid 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 registration that names India can be opposed in the same way as an Indian application. Sections 8 and 9 of the Registry's Guidelines for functioning under the Madrid Protocol describe the last stretch of the journey: advertisement in a separate part of the Trade Marks Journal, the opposition, the provisional refusal that records it, and the final statements the Registry sends to the International Bureau of the World Intellectual Property Organization. This article is for two readers: the brand owner who wants to oppose a foreign registration, and the holder's Indian agent who must defend one. If you are the opponent, our trademark opposition team can help.
An accepted international registration is advertised in a separate part of the Journal. An opposition is filed online, in India, within four months of the Journal, on the ordinary opposition procedure. The Registry sends the International Bureau a provisional refusal based on the opposition, the holder defends through an Indian agent, and the decision is notified as confirmed refusal, withdrawn refusal or grant of protection. No Indian registration certificate is issued for an international designation.
The Guidelines are the Registry's internal guidance and do not have the force of law; the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 as now in force prevail. Check current practice on ipindia.gov.in before relying on any step below.
What the Act and Rules provide
The Guidelines cite the Trade Marks Rules, 2002; the numbering changed in 2017. Section 36E applies the Act's provisions on advertisement and opposition to an international registration as if it were a national application. In the 2017 Rules, rules 68 and 69 require advertisement in a separate part of the Journal, ordinarily within six months of receipt of the advice, and say an opposition is processed under rules 42 to 51 and notified as a provisional refusal based on the opposition. The opposition notice itself is dealt with in rule 42.
Advertisement in the Journal
Once the examiner finds no objection, or the objection is overcome after a reply or a hearing, the registration is published in a separate part of the Journal. The Guidelines list what the publication carries. In our own grouping, it identifies the registration (the IRDI reference, the international registration number and its date, and any priority), shows the mark with any transliteration or translation, states what kind of mark it is (standard characters, colour, three-dimensional, certification or collective), names the holder and the holder's agent in India, lists the classes and goods or services, notes any statement as to use in India, and records limitations or conditions the holder wants or has accepted.
The publication also says that a notice of opposition is to be filed online, through the system, within four months of publication. The 2017 Rules measure the opposition period the same way: rule 42 gives four months from the date of the Journal. An opponent should therefore watch the separate Madrid part of each issue, not only the part for Indian applications.
Opposing: who files and how
The Guidelines say international designations are opposed exactly as national marks are. Their form and fee entries are from the 2002 Rules; today the opposition is made on the form the 2017 Rules prescribe, under rule 42, with the particulars required by rule 43 and the fee in the First Schedule. Within that frame the Guidelines add working points:
- the opponent files online, through the system, either in person with an address in India or through a registered trade mark agent or an advocate with an address in India;
- an agent files with the authorisation as prescribed, scanned and attached;
- the notice carries the email address of the opponent or the agent;
- the statement of the grounds of opposition is signed by the opponent or by an agent or attorney who knows the facts, and is attached.
The provisional refusal based on opposition
When an opposition arrives, the Registry generates a provisional refusal based on opposition through its system and sends it electronically to the International Bureau, with a copy of the grounds. The Guidelines say it also states the opponent's name and address; the goods and services of the earlier mark, where the opposition rests on an earlier mark; the period and manner of responding; that the holder should engage a registered trade mark agent or an advocate with an address in India and give that person an authorisation; and the provisions of the Act and Rules on opposition proceedings. The International Bureau transmits it to the holder or the holder's agent.
If the holder wants to defend, it files a counter-statement through an Indian agent or attorney, signed by the holder or a person authorised by it, with the agent's authorisation and email address, all scanned and filed online. The counter-statement is sent electronically to the opponent or the opponent's agent. Evidence on either side is received as electronic files, and every communication from the Registry during the proceeding goes only in electronic form. The 2017 Rules require the same, since rule 64 makes Madrid notices electronic. The periods and the form for the counter-statement come from the opposition rules; read rules 45 to 48 for the evidence stages, and do not use the Guidelines' form numbers.
The Guidelines add a rule specific to Madrid: the opposition is conducted in the usual way, but an international registration is not treated as abandoned for want of prosecution. If the holder does not reply or file a counter-statement, or later fails to prosecute, the officer proceeds without the holder, decides the protection on merits and may confirm the provisional refusal. A holder should read this as protection against automatic loss, not as a reason to stay silent: the decision on merits is then made without the holder's evidence.
A statement where no opposition arrives
Where nothing is received and the four months have not yet run, but the period of eighteen months from notification of the IRDI is about to end, the Guidelines say the Registry sends the International Bureau a statement that its own examination is complete and found no ground of refusal, but that third parties may still oppose, and giving the last date for opposition. That eighteen-month limit comes from the Act: under section 36E, a failure to notify in time means protection is deemed extended. The Registry's statement exists to keep the opposition door open without breaching that limit.
The final decision
At the end of the proceedings the Registry sends a final statement to the International Bureau, which falls into one of these cases.
| Outcome | What the Registry sends |
|---|---|
| Refusal confirmed for all the goods and services | A notification confirming the provisional refusal |
| Refusal withdrawn in whole or in part | A notification that the refusal is withdrawn and protection is granted for all or some of the goods or services |
| No provisional refusal was ever sent and everything is complete | A notification that protection is granted |
| A later decision (an appeal, writ or cancellation) changes the position | A further statement showing the goods and services now protected |
Rule 69(6) to (9) of the 2017 Rules requires the same statements. After protection is granted, the Guidelines say the registration is published in the next issue of the Journal as a list of IRDI references with their international registration numbers. They also say that no registration certificate is issued by India for an international designation, because the registration was already certified by the International Bureau when it was made.
A worked example
Lumora Teas SA's registration is advertised in the separate Madrid part of the Journal. Ananda Tea Estates, an Indian company, files a notice of opposition online within four months, through its trade mark agent, relying on its earlier mark. The Registry notifies the International Bureau of a provisional refusal based on the opposition and attaches the grounds. Lumora's Indian agent files a counter-statement. The parties file evidence as electronic files and are heard. The hearing officer upholds the opposition for the tea class only. The Registry notifies the International Bureau that the refusal is confirmed for that class and that protection is granted for the remaining goods. No Indian certificate follows.
Common lapses
| Lapse | Result |
|---|---|
| Watching only the part of the Journal for Indian applications | The opposition window closes unseen |
| A holder who files no counter-statement | The officer decides on merits without the holder |
| Using the Guidelines' form and fee entries | They belong to the 2002 Rules |
| Expecting an Indian certificate | None is issued |
Need help with an opposition against an international registration?
The window is short and the notice must go through an Indian address. Our trademark opposition team can assess your earlier rights, file the notice and prepare the evidence.
Key takeaways
- Accepted international registrations are advertised in a separate part of the Journal.
- Opposition is online, in India, within four months of the Journal, under rule 42.
- The Registry sends a provisional refusal based on the opposition to the International Bureau.
- The holder defends through an Indian agent; failure to reply does not abandon the registration, but the officer may decide without the holder.
- The final statement is a confirmation, a withdrawal or a grant of protection.
- No Indian registration certificate is issued for a designation.
Read next
- Madrid Protocol Guidelines: International Registrations Designating India - Examination and Provisional Refusal
- Madrid Protocol Guidelines: Renewal, Change of Holder, Limitation and Corrections
- Rule 42: Notice of Opposition
- Trademark Opposition: How to File and Defend
Disclaimer: Based on the documents of the Trade Marks Registry named in the article (the draft Manual of Trade Marks Practice and Procedure published for comments on 10 March 2015, the Registry's standard operating procedures and its Guidelines for functioning under the Madrid Protocol), as consulted on 4 October 2026. A draft is not final; none of these documents has the force of law; the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 as now in force prevail and current practice should be checked on ipindia.gov.in. This article is general information, not legal advice; check the official text before acting.