Chapter IVA - Special Provisions Relating to Protection of Trade Marks Through International Registration under the Madrid Protocol
Section 36B
Section 36B: Madrid application definitions
The Madrid chapter uses defined terms for eligibility, basic filings, international applications and Contracting Parties.
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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
In this Chapter, unless the context otherwise requires,—
(a) “application”, in relation to a Contracting State or a Contracting Organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State which is a member of that Contracting Organisation, as the case may be.
Explanation.—For the purposes of this clause, “real and effective industrial or commercial establishment” means and includes any establishment where some bona fide industrial or commercial activity takes place and need not necessarily be the principal place of business;
(b) “basic application” means an application for the registration of a trade mark filed under section 18 and which is used as a basis for applying for an international registration;
(c) “basic registration” means the registration of a trade mark under section 23 and which is used as a basis for applying for an international registration;
(d) “Common Regulations” means the Regulations concerning the implementation of the Madrid Protocol;
(e) “Contracting Organisation” means a Contracting Party that is an intergovernmental organisation;
(f) “Contracting Party” means a Contracting State or Contracting Organisation party to the Madrid Protocol;
(g) “Contracting State” means a country party to the Madrid Protocol;
(h) “international application” means an application for international registration or for extension of the protection resulting from an international registration to any Contracting Party made under the Madrid Protocol;
(i) “International Bureau” means the International Bureau of the World Intellectual Property Organisation;
(j) “international registration” means the registration of a trade mark in the register of the International Bureau effected under the Madrid Protocol;
(k) “Madrid Agreement” means the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 14th day of April, 1891, as subsequently revised and amended;
(l) “Madrid Protocol” means the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 27th day of June, 1989, as amended from time to time.
Rule and business relevance
A basic application is an Indian section 18 filing and a basic registration an Indian section 23 registration used as the international basis. The International Bureau is WIPO’s bureau. The eligibility definition includes citizenship, domicile or a real and effective industrial or commercial establishment in the relevant territory.
Limits and related provisions
A real and effective establishment requires bona fide activity, although it need not be the principal place of business. A nominal address alone should not be assumed sufficient. Use the definitions in the chapter’s context.
Hypothetical business example
Hypothetical example: A business with genuine commercial operations in an eligible territory checks the relevant connection and basic filing before selecting the international route.
Practical decision flow
Identify the applicant’s qualifying territorial connection.
Confirm the basic application or registration and its particulars.
Distinguish the International Bureau, Contracting Party and designated protection sought.
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 the applicant’s qualifying territorial connection.
- Confirm the basic application or registration and its particulars.
- Distinguish the International Bureau, Contracting Party and designated protection sought.
Avoid
- A real and effective establishment requires bona fide activity, although it need not be the principal place of business. A nominal address alone should not be assumed sufficient. Use the definitions in the chapter’s context.
Glossary
- Basic application
- A section 18 application used as the basis for international registration.
- Basic registration
- A section 23 registration used as that basis.
Frequently asked questions
Must a qualifying establishment be the principal business place?
The explanation says it need not, but bona fide industrial or commercial activity must take place.
What is the International Bureau?
The International Bureau of the World Intellectual Property Organisation.
Are applications for later extensions included?
The international-application definition includes extension of protection to a Contracting Party.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026