Intellectual Property Rights - Law and Practice · Role of International Institutions

Madrid System and Trademark Treaties for CS Professional

Updated 11 October 2026 · Fact-checked

The Madrid System lets you file one application, in one language, with one set of fees, to seek trademark protection in many countries. It is run by WIPO under the Madrid Agreement and Protocol. Nice classifies goods and services, Vienna classifies figurative elements, and the Singapore Treaty simplifies trademark procedures.

Understand Madrid System and Trademark Treaties

A trademark right is territorial. A mark registered in India gives no protection in France or Japan. Without a common system, you would have to file a separate application in each country, in its language, through a local agent, and pay each office separately.

The Madrid System solves this. It is administered by the International Bureau of WIPO in Geneva. You first hold a basic application or basic registration with your home office, called the office of origin. You then file an international application through that office. WIPO examines it for formalities only, records it in the International Register, publishes it, and notifies each country you designate. Each designated office then decides under its own national law whether to protect the mark.

Two treaties make up the system: the Madrid Agreement (1891) and the Madrid Protocol (1989). India is a party to the Protocol only, not the Agreement. The Protocol was designed to be more flexible, so more countries could join. Its main differences: you can base the application on a mere application, not only a registration; the refusal period is 12 months, which a contracting party can extend to 18 months by declaration; the language is English, French or Spanish; and a contracting party can charge individual fees. The Agreement is limited to French, has a refusal period of 12 months with no option to extend it, and requires a basic registration.

Under the Protocol, a country that makes the 18-month declaration can also say that a refusal based on opposition may come after the 18 months. It must tell WIPO of the possible opposition within the 18 months.

A key feature is central attack or dependency. For five years from the international registration date, the international registration depends on the basic application or registration. If the basic mark ceases to have effect in that period, for example by cancellation or refusal, the office of origin notifies the International Bureau, which then cancels the international registration, in whole or part. The same applies if the basic mark ceases as a result of an action begun within the five years, even if the action ends after the five years. The owner can then convert the international registration into national applications in the designated countries and keep the earlier date. The request must be filed in each country within three months from the date the International Bureau cancelled the international registration, and national law still applies.

Three other treaties support trademarks. The Nice Agreement gives the international classification of goods (Classes 1 to 34) and services (Classes 35 to 45). The Vienna Agreement classifies the figurative elements of marks, such as animals, plants and geometric shapes. The Singapore Treaty (2006) harmonises formal procedures, such as application contents, representation, recordal of licences and relief from time limits, and covers non-traditional marks. The Trademarks Act, 1999 gives effect to the Madrid Protocol in India through Chapter IVA.

Key rules to remember

Administering body: Madrid System = WIPO International Bureau + office of origin + designated offices; The International Bureau checks formalities. Designated offices decide protection under their own law.
Term of international registration: 10 years from the international registration date, renewable for 10-year periods; Renewal is made directly with WIPO, not with the national office.
Dependency period: 5 years from the international registration date; If the basic mark ceases to have effect in this period, or as a result of an action begun in this period, the office of origin notifies the International Bureau, which cancels the international registration to the same extent. Conversion into national applications must be requested within 3 months from the date of that cancellation of the international registration.
Refusal period under the Protocol: 12 months, extendable to 18 months by declaration of the contracting party; The Agreement has a 12-month period only. A country with the 18-month declaration may also notify a refusal based on opposition after the 18 months, if it told WIPO of the possible opposition within the 18 months. If no refusal is notified in time, the mark is protected in that country.
Nice Classification: Classes 1-34 goods; Classes 35-45 services; A trademark is filed in specified classes. Class choice limits the scope of protection.
Vienna Classification: Categories, divisions and sections for figurative elements; Used to classify and search the figurative elements of device marks and logos. It does not classify goods.
Singapore Treaty: Harmonised formalities for application, changes, licences and renewal; It deals with procedure, not with substantive rules on registrability.

How to solve Madrid System and Trademark Treaties questions

Use this method for any question on the Madrid System or trademark classification treaties.

1Identify the treaty the question is about: Madrid Agreement, Madrid Protocol, Nice, Vienna or Singapore.
2State its purpose in one line, and name the administering body (WIPO for all of these).
3Fix the facts: who is the applicant, which is the office of origin, whether a basic application or registration exists, and which countries are designated.
4Apply the relevant rule: filing route, language, dependency period, refusal period, term, or classification.
5Separate the roles: WIPO checks formalities, while each designated office decides protection under its national law.
6Check for traps such as central attack, the country being a party to the Agreement only, or fees payable.
7Conclude clearly with the practical outcome and, where asked, the compliance step the applicant must take.

Quickest way: Match the treaty to its function

When to use it: Use this for short notes, differences and one-line identification questions where time is tight.

Write the function in one line: Madrid registers, Nice classifies goods and services, Vienna classifies figurative elements, Singapore harmonises procedure.
For Agreement versus Protocol, list four points: basis, language, refusal period, and fees.
Add India's position: party to the Protocol, with the filing made through the Trade Marks Registry as office of origin.
Close with the dependency rule of five years and the right to convert.

Common mistakes in Madrid System and Trademark Treaties

Saying India is a member of the Madrid Agreement.
Students treat the Agreement and Protocol as one treaty.
Fix: Write that India acceded to the Madrid Protocol. The Agreement is separate and India is not a party to it.
Saying WIPO grants the trademark in each country.
The phrase international registration sounds like a single global right.
Fix: State that WIPO records the mark and checks formalities. Each designated office decides protection under its own law.
Ignoring the basic mark requirement.
Students focus on the international application and forget the home filing.
Fix: Always mention the basic application or registration with the office of origin, and the five-year dependency.
Mixing up Nice and Vienna.
Both are classification treaties and both are tied to trademark searches.
Fix: Nice sorts goods and services into classes. Vienna sorts the images and shapes in a logo.
Describing the Singapore Treaty as a registration system.
Students confuse it with Madrid because both are trademark treaties.
Fix: Describe it as a procedural harmonisation treaty. It creates no international registration.
Forgetting that a mark protected in one country is not protected in others.
Students overlook territoriality when discussing international filing.
Fix: Begin the concept with territoriality, then show how Madrid reduces the cost of multiple filings.

Worked examples

Example 1

Distinguish between the Madrid Agreement and the Madrid Protocol. Which applies to an Indian applicant?

Show the solution

Both treaties are administered by the WIPO International Bureau and allow one international application to cover several countries.
Basis of filing: the Agreement needs a basic registration. The Protocol allows a basic application or registration.
Language: the Agreement permits French only. The Protocol permits English, French or Spanish.
Refusal period: the Agreement allows 12 months only. The Protocol also allows 12 months, but a contracting party can extend it to 18 months by declaration. A country with that declaration may also notify a refusal based on opposition after the 18 months, if it told WIPO of the possible opposition within the 18 months.
Fees: the Protocol lets a contracting party charge an individual fee. This is a feature of the Protocol only.
India is a party to the Protocol only. An Indian applicant therefore files under the Protocol through the Indian Trade Marks Registry as office of origin.

Answer: The Protocol is more flexible than the Agreement on basis, language, refusal period (the 18-month option) and fees. An Indian applicant uses the Protocol only, since India is not party to the Agreement.

Example 2

Aarav Textiles Pvt Ltd holds an Indian trademark application for its logo. It files an international application designating Japan and Germany. After three years, the Indian application is finally refused. What is the effect on the international registration?

Show the solution

The Indian application is the basic application, and India is the office of origin.
The international registration depends on the basic mark for five years from its date.
The basic application ceases to have effect in year three, inside the five-year period.
So the Indian Trade Marks Registry, as office of origin, notifies the International Bureau of WIPO. The International Bureau then cancels the international registration to the same extent as the basic application, and protection in Japan and Germany falls with it.
Aarav can convert the international registration into national applications in Japan and Germany and keep the earlier international date, subject to local law. It must file a request in each country within three months from the date the International Bureau cancelled the international registration.
Had the basic mark ceased to have effect after five years, and not as a result of an action begun within the five years, the international registration would stand independent of the basic mark.

Answer: The international registration is cancelled by the International Bureau, on notice from the office of origin, because of central attack within the five-year period. Aarav can protect its position by converting it into national applications in Japan and Germany, filing in each country within three months from the date of that cancellation.

Exam tips

Write the five-year dependency and the right to convert whenever you discuss risks of the Madrid route.
In differences questions, use a two-column layout with four points: basis, language, refusal period, fees.
Name WIPO and the office of origin in every answer. Examiners look for these two terms.
For Nice and Vienna, give a short example, such as a clothing brand in Class 25 and a logo showing an animal.
Link the topic to Chapter IVA of the Trademarks Act, 1999 when a question asks about India.

Practice questions from Role of International Institutions

Madrid System and Trademark Treaties: frequently asked questions

How do I file a trademark under the Madrid Protocol from India?

First hold a trademark application or registration in India. Then file an international application through the Indian Trade Marks Registry as office of origin, naming the countries you want. The Registry certifies it and forwards it to WIPO, which checks formalities and notifies the designated offices.

What is the difference between the Madrid Agreement and the Madrid Protocol?

The Agreement needs a basic registration and uses French only. The Protocol accepts a basic application and allows English, French or Spanish. Both have a 12-month refusal period, but under the Protocol a country can extend it to 18 months by declaration. The Protocol also lets countries charge individual fees. India is a party to the Protocol only.

What are the Nice and Vienna classifications?

Nice classifies goods in Classes 1 to 34 and services in Classes 35 to 45. Vienna classifies the figurative elements of marks, such as animals, shapes and symbols. You specify Nice classes when filing the application. Vienna codes are used to classify and search the figurative elements of marks.

What does the Singapore Treaty do?

It harmonises formal procedures for trademark applications and registrations among its members. It covers matters like application contents, recording licences and relief from missed time limits. It does not create an international registration.