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.
A Madrid application does not end when the Indian Registry transmits it. The International Bureau of the World Intellectual Property Organization checks it again, and may find an irregularity. Separately, for five years the international registration depends on the Indian basic mark, and the Registry has a duty to report if that mark fails. Sections 4 and 5 of the Registry's Guidelines for functioning under the Madrid Protocol describe both. If an international filing has been made through India, this is what to expect afterwards, and the answer often begins with a careful trademark objection reply.
The International Bureau notifies an irregularity to both the Registry and the applicant. The Registry sorts the irregularities into those the office must cure and those the applicant must cure, writes to the applicant, considers the answer and replies to the International Bureau. Separately, if the Indian basic mark ceases to exist within five years of the international registration, the Registry must tell the International Bureau, and the international protection falls to the same extent.
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.
The law behind the two duties
The Guidelines cite the Trade Marks Rules, 2002; the numbering changed in 2017, and the Madrid chapter is now rules 62 to 74. For the filing side, rules 65 to 67 apply; the Registry's notices and the answers to them are electronic. The Act's provision for the five-year dependency is in section 36D: for five years from the international registration, if the Indian base is withdrawn, cancelled, expired or finally refused, the international protection ceases. The effects, duration and renewal of the international registration are in sections 36F and 36G.
Irregularities notified by the International Bureau
The International Bureau scrutinises every application it receives from an office of origin. If it finds a problem, it notifies it to the office of origin and to the applicant or the applicant's representative. The Guidelines mention an ordinary period for rectification, but it comes from the Protocol's own regulations and the notification states the date, so work from the date on the notification you receive.
The Guidelines then set out the Registry's steps:
- The Registry receives the notification online through its system.
- The designated officer sorts the irregularities into two groups: those the office should rectify and those the applicant should rectify.
- For the applicant's part, a letter is generated and sent electronically to the person who filed, asking for correction. The Guidelines print a short period for this, but that period belongs to the 2002 Rules; use the period in the Registry's letter.
- The applicant or agent answers online through the system.
- The officer considers the answer.
- If no answer comes in time, or the answer is not satisfactory, the officer sends a reminder, together with the officer's suggestion.
- The Registry also considers the irregularities meant for the office and acts on them.
- On the basis of the applicant's response and its own action, the officer responds to the International Bureau online.
What the applicant should expect: two sources of the same problem, one from the International Bureau, one from the Registry, and one reply path through the Registry. The applicant should answer through the Registry's system and not send a separate letter to the International Bureau, because the Guidelines treat the Registry as the office that replies. The Guidelines say elsewhere that the International Bureau's own scrutiny is limited to formalities, including classification and whether the list of goods and services is comprehensible, so irregularities are likely to fall there. The Registry's letter and its reminder are annexed to the Guidelines as formats; they are not reproduced here.
| Stage | Who acts | What happens |
|---|---|---|
| Notification | International Bureau | Sent to the Registry and to the applicant |
| Sorting | Registry officer | Irregularities divided between office and applicant |
| Letter | Registry | Electronic letter asks the applicant to cure its part |
| Answer | Applicant or agent | Filed online through the Registry's system |
| Reminder | Registry | If no answer or an unsatisfactory one, a reminder with a suggestion |
| Reply | Registry | Response sent to the International Bureau online |
When the basic mark ceases to have effect
The Introduction and Section 5 of the Guidelines state the dependency in plain terms: for five years, if the basic application or registration ceases to exist, the protection resulting from the international registration is lost, and the office of origin must say so to the International Bureau. In practice this is the "central attack" that international brand owners watch for: an opposition, cancellation or refusal in India can undo protection abroad.
The Guidelines describe what the Registry's officer reports:
- the number of the international registration and the holder's name;
- the facts and decisions affecting the basic application, the registration that resulted from it, or the basic registration, and the date each takes effect;
- if only some goods or services are affected, which are affected or which are not.
Two limits are worth knowing. If a refusal, withdrawal or cancellation touches the basic mark only for goods that the international registration does not cover, no report is made. And the Registry also reports before the five years end if it is aware that any of the following is still pending against the basic mark: a court action concerning the basic registration, an action for revocation or cancellation, an appeal against a refusal of the basic application, a request to withdraw the application, or an opposition to the basic application. That early notice must say that the action has not yet produced a final decision, and once the decision becomes final the officer notifies it promptly.
On receipt, the International Bureau records the notification, passes copies to the holder and the designated countries, and, if the notice asks for cancellation, cancels the international registration to that extent.
The mirror image, where India is a designated country and protection in India is lost, is in rules 70 to 74: rule 70 requires the Registrar to notify the International Bureau when protection in India ceases or is varied following legal proceedings under the Act.
What the holder should do
- Keep the Indian basic mark alive and in order for the whole five years. Oppositions, objections and rectification applications may arise in that time.
- Watch the Journal for the Indian basic application and answer objections on time. A refusal of the basic application cuts down the international protection.
- If the basic mark is attacked, seek advice early on whether a narrower Indian specification is better than a lost one.
- Give the Registry current contact details, because letters about irregularities go by email.
A worked example
Lumora Teas Pvt Ltd's international application is transmitted. The International Bureau finds that the description of one product in the goods list is unclear and notifies both the Registry and Lumora. The Registry's officer decides that this irregularity is Lumora's to cure and sends an electronic letter. Lumora's agent clarifies the description online. The officer considers the reply and responds to the International Bureau. Two years later, an opposition to Lumora's Indian basic application is still pending. The Registry sends the International Bureau a notice that the action has not yet produced a final decision. When the opposition is finally decided against Lumora for one of the two classes, the Registry notifies the decision and the international protection is cut to that extent.
Need help with an irregularity or a threatened basic mark?
An irregularity notice and a pending attack on the basic mark both move quickly. A trademark objection reply specialist can prepare the answer for the Registry and review the Indian basic mark's exposure.
Key takeaways
- The International Bureau notifies irregularities to both the Registry and the applicant.
- The Registry splits them between office and applicant, writes to the applicant, and replies to the International Bureau.
- Answer through the Registry's system, within the date in the letter.
- For five years the international registration depends on the Indian basic mark.
- The Registry reports a failure of the basic mark, and also reports pending attacks with a note that no final decision exists.
- Rule 70 covers the reverse case, where India is designated.
Read next
- Madrid Protocol Guidelines: Verification, Certification and Transmission of the International Application
- Madrid Protocol Guidelines: Who Can File an International Application from India
- Madrid Protocol Guidelines: Renewal, Change of Holder, Limitation and Corrections
- Sections 36F-36G: Effects, Duration and Renewal of International Registration
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.