Sections 36A 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.
Chapter IVA of the Trade Marks Act, 1999 is the Madrid Protocol chapter. Its first three sections set the stage: section 36A says the chapter applies to international applications and registrations under the Protocol, section 36B defines the terms it uses, and section 36C says which Registry office deals with international applications.
Section 36A: the chapter applies to international applications and international registrations under the Madrid Protocol. Section 36B: twelve definitions, including basic application (a section 18 application used as the basis for an international registration) and basic registration (a section 23 registration used as the basis). Section 36C: despite section 5(3), an international application is dealt with by the head office of the Trade Marks Registry or such branch office as the Central Government notifies. The chapter was inserted by Act 40 of 2010, effective from 8 July 2013.
Where Chapter IVA sits
The chapter is headed "Special provisions relating to protection of trade marks through international registration under the Madrid Protocol". The footnote to the chapter records that it was inserted by Act 40 of 2010, with effect from 8 July 2013. It is a special chapter: it modifies how the rest of the Act applies to international applications and registrations, as sections 36D to 36G show. Those sections are covered in the next three articles: section 36D, section 36E and sections 36F-36G.
For the practical filing journey, see how to file an international trademark application under the Madrid Protocol. If you plan to protect a brand abroad, a trademark registration in India is where the route starts, because the Indian filing or registration is the base.
Section 36A: application of the chapter
"The provisions of this chapter shall apply to international applications and international registrations under the Madrid Protocol." Nothing more. The scope is limited to the Madrid Protocol route; the rest of the Act continues to govern national applications.
Section 36B: the definitions
"In this chapter, unless the context otherwise requires," the section defines the following twelve terms, in clauses (a) to (l). The clause letter is shown in front of each term.
| Term | Meaning, as the section gives it |
|---|---|
| (a) application (in relation to a Contracting State or Contracting Organisation) | An application made by a person who is a citizen of, or domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State that is a member of that Contracting Organisation |
| Explanation to clause (a) | "Real and effective industrial or commercial establishment" means and includes any establishment where some bona fide industrial or commercial activity takes place; it need not be the principal place of business |
| (b) basic application | An application for registration of a trade mark filed under section 18 and used as a basis for applying for an international registration |
| (c) basic registration | The registration of a trade mark under section 23, used as a basis for applying for an international registration |
| (d) Common Regulations | The regulations concerning the implementation of the Madrid Protocol |
| (e) Contracting Organisation | A Contracting Party that is an inter-governmental organisation |
| (f) Contracting Party | A Contracting State or Contracting Organisation party to the Madrid Protocol |
| (g) Contracting State | A country party to the Madrid Protocol |
| (h) international application | An application for international registration, or for extension of the protection resulting from an international registration, to any Contracting Party, made under the Madrid Protocol |
| (i) International Bureau | The International Bureau of the World Intellectual Property Organisation |
| (j) international registration | The registration of a trade mark in the register of the International Bureau effected under the Madrid Protocol |
| (k) Madrid Agreement | The Madrid Agreement concerning the International Registration of Marks adopted at Madrid on 14 April 1891, as subsequently revised and amended |
| (l) Madrid Protocol | The Protocol relating to the Madrid Agreement adopted at Madrid on 27 June 1989, as amended from time to time |
Why "basic application" and "basic registration" matter
These two terms tie the international route to the Indian register. An international application from India rests on either a pending section 18 application or a section 23 registration. That dependence has consequences set out in later sections, especially section 36D(5) on what happens within the first five years if the base falls away. See section 18 and section 23.
The "real and effective establishment" explanation
An applicant need not have its principal place of business in the country. Any establishment where some bona fide industrial or commercial activity takes place can be enough. The definition of "application" lists three links: citizenship, domicile, or a real and effective establishment.
Section 36C: which office handles international applications
"Notwithstanding anything contained in sub-section (3) of Section 5, an international application shall be dealt with by the head office of the Trade Marks Registry or such branch office of the Registry, as the Central Government may, by notification in the Official Gazette, specify."
Section 5(3) is the ordinary rule on territorial jurisdiction of Registry offices; section 36C overrides it for international applications. The text does not name the branch offices and does not say which, if any, are notified. Check the current notification. See also Trade Marks Registry: offices, jurisdiction and powers.
Example. Priya Handicrafts, a Jaipur-based exporter, holds an Indian registration under section 23. It wishes to extend protection abroad. Under section 36B the registration is a "basic registration" if used as the basis for an international registration, and under section 36C the international application is dealt with by the head office of the Trade Marks Registry or a notified branch office.
What sections 36A-36C do not say
- They do not give any fee, form or procedure; the Rules and the Common Regulations do.
- They do not list which Contracting Parties exist; the treaty and its membership are outside the text.
- They do not say which branch offices are notified.
- They do not describe the Madrid Protocol beyond the definitions.
Practical points
- File in India first. The international route rests on a section 18 application or a section 23 registration.
- Check your connection. The definition of "application" requires citizenship, domicile or a real and effective establishment.
- Check the office. International applications go to the head office or a notified branch.
- Read the later sections. Sections 36D to 36G state the substantive rules.
Need help taking a brand abroad?
Because the international route depends on a valid Indian application or registration, the first job is to get the base right. Our trademark registration team can file and prosecute the Indian application and advise on how it fits with an international filing.
Key takeaways
- Chapter IVA applies to international applications and registrations under the Madrid Protocol; it was inserted by Act 40 of 2010 effective 8 July 2013.
- Section 36B defines basic application (section 18) and basic registration (section 23), among other terms.
- "Real and effective establishment" includes any place of bona fide industrial or commercial activity, not only the principal place of business.
- Under section 36C, international applications are handled by the head office or a notified branch office, notwithstanding section 5(3).
Read next
- Section 36D: international application originating from India
- Section 36E: international registrations designating India
- Madrid Protocol: international trademark registration from India
- Sections 3-5: Registrar of Trade Marks and registry offices
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.