Chapter IVA - Special Provisions Relating to Protection of Trade Marks Through International Registration under the Madrid Protocol
Section 36A
Section 36A: Scope of the Madrid Protocol chapter
The special chapter applies to international applications and registrations under the Madrid Protocol.
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This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The provisions of this Chapter shall apply to international applications and international registrations under the Madrid Protocol.
Rule and business relevance
It connects the Indian statutory framework with the Madrid route. The following provisions distinguish applications originating in India and international registrations designating India.
Limits and related provisions
This is not a statement that one registration automatically protects a mark in every country. Designations, local examination and the applicable international procedure must be considered.
Hypothetical business example
Hypothetical example: An Indian brand owner considering overseas protection identifies the Madrid route and then reviews the eligible basic filing and desired designations.
Practical decision flow
Identify whether the matter is an international application or registration.
Distinguish an India-origin filing from a designation of India.
Apply the relevant following provisions and current official procedure.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify whether the matter is an international application or registration.
- Distinguish an India-origin filing from a designation of India.
- Apply the relevant following provisions and current official procedure.
Avoid
- This is not a statement that one registration automatically protects a mark in every country. Designations, local examination and the applicable international procedure must be considered.
Glossary
- Madrid route
- The international trade mark application and registration system referred to by this chapter.
- Designation
- The selection of a Contracting Party where protection is sought.
Frequently asked questions
Does this chapter cover every ordinary domestic filing?
It specifically applies to international applications and registrations under the Madrid Protocol.
Does it create automatic worldwide protection?
No. The designated territories and their applicable processes matter.
Where are India-origin applications addressed?
Section 36D.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026