A provisional refusal from India on your Madrid application is not a rejection — it’s a deadline. You have one month from when you receive it, and a handful of details decide whether you clear it.
1. The deadline runs from receipt
The window to respond is one month — calculated “from the date when you actually receive the provisional refusal notification from the International Bureau of WIPO,” not from the date the Indian TMO or the IB issued it. That distinction can buy crucial time.
2. Keep proof of receipt
Because the clock runs from receipt, keep evidence of when you received it — postal receipts for post, or the email receipt date for electronic notice. (This mirrors the receipt-not-dispatch principle in service of notice.)
3. Extensions are possible — but limited
The standard deadline is one month; an extension can be sought by applying before expiry. In practice, no more than one extension is advisable, since granting it is at the Registrar’s discretion.
4. Claim use of the mark in India
India is a common-law, use-based jurisdiction. Prior use can overcome objections — and “use” is read broadly: “users from India accessing the website where the trademark is available, trans-border reputation and even mere… advertisements containing the trademarks in international publications circulated in India” can amount to use in India. Plead and evidence it. (See our FAQs on use of a mark.)
5. File a detailed written response
For Madrid (IRDI) applications, the Registry typically decides on the written response alone, without a further hearing — which saves time and cost. So the written response must do all the work: full arguments, judicial precedents, and evidence supporting any use claim.
6. Amendments go through WIPO
All amendments, assignments, address changes and renewals for a Madrid application must be filed with WIPO’s International Bureau, which then notifies the Indian TMO — not with the TMO directly.
The takeaways
- Diarise one month from receipt — and keep proof of that date.
- Front-load the written response — it may be your only shot.
- Lead with use where you can, and route amendments through WIPO.
Frequently asked questions
How long do I have to respond to a provisional refusal from India? One month from the date you actually receive the notification — not from when it was issued.
Can I get an extension? Yes, if applied for before expiry — but usually only one, and it is at the Registrar’s discretion.
Will there be a hearing on a Madrid application? Often not — the Registry typically decides on the written response, so make it comprehensive.
Where do I file amendments to a Madrid mark? With WIPO’s International Bureau, which notifies the Indian TMO; not directly with the TMO.
Useful official resources
- The Trade Marks Act, 1999
- WIPO — Madrid System