RM Legal advises Indian businesses, exporters and start-ups on protecting their brands, designs and inventions outside India, and foreign businesses on protection in India. We plan which countries to cover and when, file through international systems or directly, and coordinate with associate firms abroad.
Our work includes:
We coordinate filings and enforcement through associate firms in jurisdictions including the United States, the United Kingdom, the European Union, the United Arab Emirates, Singapore, Australia and Canada, and in other countries as required.
India is a member of the Madrid Protocol. An Indian applicant can file a single international application through the Trade Marks Registry, based on an Indian application or registration, and designate multiple member countries. Each designated country examines the application under its own law. For the first five years, the international registration depends on the Indian base application or registration, so problems with the Indian mark can affect protection abroad.
A Patent Cooperation Treaty application preserves the right to seek protection in more than 150 countries and defers national filings, generally to 30 or 31 months from the priority date. Indian residents must obtain a foreign filing permit before filing abroad, unless an Indian application was filed at least six weeks earlier.
An application filed abroad can claim the Indian filing date as its priority date if it is filed within six months for trademarks and designs, and within 12 months for patents. Missing these deadlines can mean losing out to a competitor who files first.
In many countries, trademark rights go to whoever files first, regardless of who used the mark first. Businesses that export, or that plan to manufacture or sell abroad, should file in their key markets before their brand becomes visible there.
Does an Indian trademark protect my brand abroad?
No. Trademark rights are territorial. Protection abroad requires filings in each country or through the Madrid Protocol.
What is the Madrid Protocol?
An international system that allows a single application, based on an Indian application or registration, to be extended to multiple member countries.
Which countries should we file in?
Usually the countries where you sell or plan to sell, where your products are manufactured, and where copying is a known risk. Filing can be phased to manage costs.
How long do we have to file abroad after filing in India?
Six months for trademarks and designs, and 12 months for patents, to claim the Indian priority date.
How can a foreign business protect its trademark in India?
Either by filing directly with the Indian Trade Marks Registry through an Indian agent or attorney, or by designating India in an international application under the Madrid Protocol.
Reviewed by Nandita Goyal, Partner. Last reviewed: October 2026.