Chapter IVA - Special Provisions Relating to Protection of Trade Marks Through International Registration under the Madrid Protocol
Section 36F
Section 36F: Effects of international registration in India
The stated international-registration or extension date gives the protection in India the effect described as if registered in India.
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Need advice on Section 36F?
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
(1) From the date of the international registration of a trade mark where India has been designated or the date of the recording in the register of the International Bureau about the extension of the protection resulting from an international registration of a trade mark to India, the protection of the trade mark in India shall be the same as if the trade mark had been registered in India.
(2) The indication of classes of goods and services given by the applicant shall not bind the Registrar with regard to the determination of the scope of the protection of the trade mark.
Rule and business relevance
This must be read with section 36E’s designation and protection process. Class indications supplied by the applicant do not bind the Registrar’s determination of the scope of protection.
Limits and related provisions
A class label alone is not the full legal scope, and this section does not promise protection in territories not designated. Check goods or services, limitations and the actual Indian status.
Hypothetical business example
Hypothetical example: A protected international registration designates India with specified goods. The owner assesses the Indian scope from the actual specification and applicable determination rather than the class number alone.
Practical decision flow
Identify the relevant international registration or extension date.
Verify the Indian protection status under the preceding provision.
Review the specification and limitations apart from class indications.
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 relevant international registration or extension date.
- Verify the Indian protection status under the preceding provision.
- Review the specification and limitations apart from class indications.
Avoid
- A class label alone is not the full legal scope, and this section does not promise protection in territories not designated. Check goods or services, limitations and the actual Indian status.
Glossary
- Equivalent Indian protection
- The protection described as if the mark were registered in India.
- Scope of protection
- The legally determined coverage, not conclusively fixed by the applicant’s class labels.
Frequently asked questions
Do applicant class labels bind the Registrar on scope?
No. Subsection (2) expressly says they do not.
Should section 36E still be read?
Yes. It governs the India-designation process and relevant qualifications.
Does this provision create rights in every country?
No. It concerns the stated protection in India.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026