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.
Once an international application has been filed through India, the Registry does not simply pass it on. Sections 2 and 3 of its Guidelines for functioning under the Madrid Protocol describe a check of the application against the Indian basic mark, a certification, and a transmission to the International Bureau of the World Intellectual Property Organization. This article walks through that check as the Guidelines set it out, so that an applicant knows what the officer will compare and how a deficiency letter is handled. A trademark registration filed cleanly in India is what makes this step quick.
The designated officer compares the international application with the Indian basic application or registration: same applicant, same mark, same nature of mark, goods and services covered by the basic list, and the extra items for the United States and the European Union. A defect brings a deficiency letter by email. A compliant application is certified and transmitted to the International Bureau; under rule 66 it is forwarded within two months of receipt.
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. The Act's provision is section 36D: the Registrar certifies that the particulars match the Indian application or registration and forwards the application. The 2017 steps are in rules 65 to 67: electronic filing, certification in Form MM2(E), forwarding within two months of receipt if the application complies, and a notice requiring compliance if it does not. This article adds how the officer works through those steps.
What the officer verifies
Section 2 of the Guidelines lists what the designated officer looks at on the application received through the system. In our own grouping:
The applicant. The applicant must be an Indian national, or must have a principal place of business in India as shown in the basic application or registration. The applicant must also be the same person as the applicant of the basic application or the proprietor of the basic registration. A company that has since changed its name or been succeeded should have the Indian record corrected first.
The basic mark. The basic application or registration must subsist in the Registry's records. A basic mark that shows a status such as withdrawn, abandoned, refused, removed or cancelled cannot support the application.
The mark. The mark in the international application, and the indications in the related items of the form, must correspond with those of the basic mark, and the nature of the mark must be the same. The Guidelines add a point for series marks: the Madrid system has no provision for registering a series, so an applicant with a series in India is asked to choose one mark as the basis, and must file a separate international application for each further mark it wants abroad. For how a colour or shape mark is represented, remember that the 2017 Rules changed the representation rules; see rule 26.
The goods and services. Everything listed internationally must be covered by the list in the basic application or registration.
The country-specific items. If the United States is designated, the applicant must have submitted that country's declaration with the application. If the European Union is designated, the applicant must have named a second language for that office, and, if seniority of an earlier mark in an EU member state is claimed, must have submitted the separate seniority claim.
Deficiencies: what happens when something is wrong
The Guidelines set the following sequence, which we have put in order.
- The officer verifies the application against the list above.
- If there is a deficiency, a letter is generated through the system and sent to the person who filed, by email. The Guidelines also fix a short period for the applicant to remedy it, but that period belongs to the 2002 Rules. Under rule 66(3) of the 2017 Rules, the Registrar requires compliance by notice and forwards the application only after compliance within the period specified in the notice; use the period in the notice you receive.
- The applicant or agent answers online through the system or by email at the address the Registry has prescribed for this.
- The officer considers the answer. If the deficiencies are cured, the application is modified accordingly.
- If they are not cured, a refusal letter is generated and sent by email.
- The Guidelines then add a point of practice: if the defect is cured late, even after the refusal letter, the officer modifies the application and the application goes on for certification.
- A properly filed application, or one that has been cured, moves to certification.
The sixth point should be read with care. It describes what the Guidelines instruct the officer to do; the rule itself says only that the application is forwarded after compliance in the period specified in the notice. If a notice period has passed, do not assume the file will wait; reply at once and ask the Registry in writing to take the answer on record.
Certification and transmission
An application that is proper in every respect is certified through the system. The Guidelines list what the certificate says, in substance:
| What the certification states | What it means for the applicant |
|---|---|
| The date on which the request was received | The Registry's receipt date is fixed on record |
| The applicant is the same as in the basic application or registration | The names must match exactly |
| Indications in the related items also appear in the basic mark | Matching particulars |
| The mark is the same as in the basic mark | No change of logo or spelling |
| Any colour claim is consistent between the two | Colour must match the basic filing |
| The goods and services are covered by the basic list | Nothing wider |
Where the international application rests on two or more basic marks, the declaration is taken to apply to all of them.
The Guidelines say certified applications are sent to the International Bureau through the system, and mention that this transmission is made each Monday. Treat that as a working detail of the Registry rather than a promise; rule 66(2) is the legal period, which is within two months from the date of receipt. At the time of transmission an alert goes to the applicant by email, stating that the application has been sent and the amount, in Swiss francs, payable directly to the International Bureau.
A worked example
Lumora Teas Pvt Ltd files an international application for its word mark, based on its Indian registration. The officer finds that the international list includes "herbal infusions", which the Indian list does not cover. A deficiency letter is emailed to Lumora's agent. The agent deletes the item and replies online. The officer modifies the application, certifies it, notes the receipt date and transmits it. Lumora receives an email alert with the amount payable to the International Bureau in Swiss francs, which it pays directly. Had Lumora's Indian registration been refused or removed in the meantime, the officer would have found the basic mark no longer subsisting.
Common lapses
- listing goods in the international application that the Indian filing does not cover;
- filing in the name of a group company that does not own the basic mark;
- forgetting the separate declaration for a designated country;
- relying on the Guidelines' period instead of reading the date in the notice;
- failing to keep the acknowledgement number from the first receipt.
The formats of the Registry's acknowledgement, deficiency letter and refusal letter are annexed to the Guidelines; they are not reproduced here. The Registry's next communication, if any, will come from the International Bureau; see irregularities notified by WIPO. The entry point of the series is who can file.
Need help with a Madrid application from India?
A deficiency letter costs time that the international route cannot spare. Our trademark registration team can compare the international draft with your Indian record line by line before it is submitted.
Key takeaways
- The officer compares applicant, mark, nature of mark and goods against the Indian basic mark.
- A basic mark that is withdrawn, abandoned, refused, removed or cancelled cannot support the application.
- Series marks cannot be carried over; one mark must be chosen for each international application.
- A deficiency letter is sent by email; the period to comply is the one in the notice.
- A proper application is certified and forwarded; rule 66 gives two months from receipt.
- The International Bureau's fee is paid directly to it, in Swiss francs.
Read next
- Madrid Protocol Guidelines: Who Can File an International Application from India
- Madrid Protocol Guidelines: Irregularities Notified by WIPO and Ceasing of Effect of the Basic Mark
- Rules 65-67: International Application from India, Verification and Handling Fee
- How to File an International Trademark Application Under Madrid Protocol
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.