Sections 36F 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.
The last two sections of the Madrid Protocol chapter answer three practical questions: what protection does an international registration give in India, who decides the scope of that protection, and how long does the international registration last. Section 36F gives the first two answers; section 36G gives the third. For ordinary Indian registrations, a trademark renewal service covers the renewal side.
From the date of the international registration designating India, or the date the extension of protection to India is recorded in the International Bureau's register, protection in India is the same as if the mark had been registered in India (36F(1)). The classes indicated by the applicant do not bind the Registrar in deciding the scope of protection (36F(2)). The international registration lasts ten years and may be renewed for ten years from expiry of the preceding period (36G(1)), with a six-month grace period on payment of a surcharge prescribed by the rules (36G(2)).
Section 36F(1): protection as if registered in India
"From the date of the international registration of a trade mark where India has been designated or the date of the recording in the register of the International Bureau about the extension of the protection resulting from an international registration of a trade mark to India, the protection of the trade mark in India shall be the same as if the trade mark had been registered in India."
| Element | Text |
|---|---|
| Starting date, case 1 | The date of the international registration of a mark where India has been designated |
| Starting date, case 2 | The date of recording in the International Bureau's register of the extension of protection to India |
| Effect | Protection in India "shall be the same as if the trade mark had been registered in India" |
Two points follow. First, the section treats the international registration as equal to an Indian registration for the protection it gives. The rights that registration carries under section 28, and the infringement protection of section 29, are what the "same protection" refers to; the section does not itself list them. Second, section 36F does not say that the Indian Registrar's procedure under section 36E can be skipped. The two sections are to be read together.
Section 36F(2): the Registrar is not bound by the applicant's classes
"The indication of classes of goods and services given by the applicant shall not bind the Registrar with regard to the determination of the scope of the protection of the trade mark."
The applicant's classification is a guide, not a limit. The Registrar decides the scope of protection himself. For how classes work in the Indian system, see sections 7-8 on classification and classification of goods and services: the Nice classification.
Section 36G(1): ten years, renewable for ten
"The international registration of a trade mark at the International Bureau shall be for a period of ten years and may be renewed for a period of ten years from the expiry of the preceding period."
- Duration: ten years;
- Renewal: for a further ten years, from the expiry of the preceding period;
- Where the registration sits: "at the International Bureau", so the register that counts for duration is the International Bureau's.
The wording mirrors the period for ordinary registrations in section 25, but section 36G speaks of the international registration. The section does not say that an Indian renewal application is made under section 25 for an international registration; do not assume that. Section 36G itself does not say how renewal is carried out; check the Rules and the Common Regulations for that.
Section 36G(2): six-month grace period
"Subject to payment of a surcharge prescribed by the rules, a grace period of six months shall be allowed for renewal of the international registration."
The grace period is six months, available on payment of a surcharge that the rules prescribe. The amount is not in the Act, and this article states none. Compare the six-month period after expiry in section 25(3) for Indian registrations: the two are stated separately and each applies to its own kind of registration.
Side by side: Indian and international registration
| Point | Indian registration (section 25) | International registration (section 36G) |
|---|---|---|
| Duration | Ten years | Ten years |
| Renewal | Ten years from expiry of the last registration | Ten years from expiry of the preceding period |
| Grace | Application, fee and surcharge within six months from expiry; mark not to be removed | Six months, on payment of a prescribed surcharge |
| Further restoration | Restoration after six months and within one year on application and fee, if just | Not provided in section 36G |
| Where registered | Indian register | International Bureau's register |
Example. Hana Cosmetics' international registration designates India. Under section 36F(1), from the registration date (or the date the extension to India is recorded), its protection in India is the same as if it had been registered in India. The classes Hana indicated do not bind the Indian Registrar in fixing the scope of that protection. After ten years, Hana must renew; if it misses the date, a six-month grace period is available on payment of the prescribed surcharge.
What the sections do not say
- They do not state fees or the surcharge amount.
- Section 36G does not provide for restoration after the grace period.
- They do not say who files the renewal or on which form; the Rules and the Common Regulations govern.
- Section 36F does not say how the Indian register records the international registration; see section 36E(1) and (6).
Practical points
- Diary ten years from the international registration date, and the six-month grace period after it.
- Do not rely on the classes you filed. The Registrar decides the scope of protection.
- Remember the five-year dependency. Sections 36D(5) and 36E(8) can end protection early if the base fails.
- Treat the international registration like an Indian one for enforcement, per section 36F(1), and read sections 28 and 29.
- Check the renewal route. Confirm with the Rules how renewal is made.
Need help keeping registrations alive?
Missed renewal dates are the most avoidable loss in trade mark law. Our trademark renewal team keeps a diary of expiry and grace dates for your portfolio and files on time.
Key takeaways
- Protection in India under an international registration is the same as if the mark had been registered in India, from the stated date.
- The applicant's indication of classes does not bind the Registrar in deciding the scope of protection.
- The international registration lasts ten years and is renewable for ten years from expiry of the preceding period.
- A six-month grace period is available on payment of a surcharge prescribed by the rules.
- Fees and surcharge are in the Rules, not the Act.
Read next
- Section 36E: international registrations designating India
- Section 25: duration, renewal, removal and restoration
- Section 36D: international application originating from India
- International trademark protection beyond India
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.