Trademark Your Business Name: India and Abroad

If you run a business in India and are ready to protect your brand name legally, trademark registration is the starting point. But for businesses that export, sell online to international customers, or plan to expand physically into other countries, protection within India alone is often not enough. This article walks through how to register your trademark in India first, and then how to extend that protection internationally using the Madrid Protocol, all while keeping your company legally based in India.

Step One: Registering Your Trademark in India

Domestic trademark registration in India is filed through Form TM-A on the IP India portal, which is maintained by the Office of the Controller General of Patents, Designs and Trademarks. Every application is filed under one or more classes based on the Nice Classification system, which divides goods and services into 45 classes: classes 1 to 34 cover goods, and classes 35 to 45 cover services.

The government fee for e-filing is 4,500 rupees per class for individuals, startups, and small companies, and 9,000 rupees per class for larger companies. Once registered, the trademark is valid for 10 years from the date of registration and can be renewed indefinitely in further 10-year periods, as long as renewal formalities are completed on time.

This process establishes your legal ownership of the brand name, logo, or mark within India. It is the essential first step, and in most cases it is also the foundation for any international protection you pursue later.

Why Indian Registration Alone Does Not Protect You Abroad

Trademark rights are territorial in nature. A mark registered only in India gives you enforceable rights within Indian borders, but it does not automatically extend to any other country. If a business in the United States, United Kingdom, or European Union starts using or registering a similar name in its own jurisdiction, an Indian registration by itself offers no legal recourse there.

This becomes a real risk for Indian businesses that are growing beyond domestic borders, whether through exports, cross-border e-commerce platforms, or physical expansion into overseas markets, while continuing to operate as an Indian company. Without international protection, another party could register an identical or confusingly similar name in a key market, potentially blocking the original Indian business from using its own brand there.

Extending Protection Internationally Through the Madrid Protocol

This is where the Madrid Protocol becomes relevant. India is a member of the Madrid Protocol, an international treaty administered by the World Intellectual Property Organization, commonly known as WIPO. The Madrid Protocol allows a trademark owner in a member country to file a single international application that can designate multiple member countries at once, rather than filing separate applications in each country under each country’s own procedures.

For an Indian business, this means you do not need to hire local agents or navigate the legal systems of every country individually. Instead, one application, filed and managed centrally, can cover protection across many jurisdictions.

The Basic Application Requirement

To use the Madrid Protocol, an applicant generally needs an existing or pending Indian trademark application or registration to serve as the foundation, referred to as the "basic application" or "basic registration." In practice, this means you cannot go straight to international filing. You must first have filed, or already hold, a trademark application or registration with IP India for the same mark. The international filing is built on top of this domestic filing.

Filing Through IP India as the Office of Origin

Once the basic application or registration is in place, the international application is not filed directly with WIPO. It is filed through IP India, which acts as the "office of origin." IP India certifies the application and forwards it to WIPO. This means Indian businesses interact with the same domestic authority they used for their original filing, rather than approaching WIPO directly at the outset.

WIPO’s Role in Examination and Forwarding

Once WIPO receives the application from IP India, it conducts a central examination, primarily checking that the application meets formal requirements and that the classification of goods and services is in order. After this central review, WIPO forwards the application to the trademark offices of each country the applicant has designated. Each of those national offices then examines the application under its own domestic trademark laws and can accept, object to, or reject protection in that specific country, independent of what happens in other designated countries.

Designating Countries and Understanding Costs

As part of the international application, the applicant selects, or "designates," the specific countries where protection is sought. This could be a single export market or a broader set of countries depending on business plans. Costs for this process depend on the number of countries designated, along with WIPO’s own fees and fees that vary by country. These costs are separate from, and in addition to, the Indian domestic filing fee paid at the outset.

Who Should Consider This Route

The Madrid Protocol route tends to make the most sense for Indian businesses that are actively exporting goods, selling through international online marketplaces, or planning physical expansion into specific overseas markets, while keeping their company incorporated and based in India. It allows such businesses to protect their brand name in the markets that matter most to them, without the cost and complexity of incorporating a foreign entity or engaging separate local counsel in every country.

It is worth being clear that this process only extends trademark protection outside India. It does not involve, and is not a substitute for, setting up any foreign company or legal entity. The business itself continues to operate as an Indian entity; only the brand protection footprint expands.

Bringing the Two Steps Together

In summary, the practical path is sequential: first secure your domestic trademark registration in India through Form TM-A, and once that basic application or registration exists, use it as the foundation for an international application filed through IP India and processed by WIPO under the Madrid Protocol. This two-step approach lets a growing Indian business protect its name both at home and in the specific overseas markets where it operates or plans to expand.

Because the process involves coordination between IP India, WIPO, and multiple national offices, many businesses prefer working with a CA-assisted compliance service such as Shunya to help manage filings, timelines, and documentation accurately at each stage.