Section 36E explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 36E is the incoming route of the Madrid system. When a foreign holder's international registration designates India, the Registrar records it, may refuse protection within eighteen months, advertises it, applies sections 9 to 21 as if it were an ordinary application, and, if he does not act in time, protection is deemed extended.
After the International Bureau's advice, the Registrar records the international registration (36E(1)). If he is satisfied that protection should not be granted, or only on different conditions or limitations, he may refuse after hearing the applicant if he so desires, informing the International Bureau within eighteen months (36E(2)). If nothing to refuse, he advertises it (36E(3)). Sections 9 to 21, 63 and 74 apply as if it were a section 18 application (36E(4)). If unopposed and time has expired, he notifies acceptance within eighteen months; if he fails to notify, protection is deemed extended (36E(5)).
If you are on the Indian side of such a designation, a trademark registration adviser can walk you through the Indian process.
Sub-section (1): recording
"The Registrar shall, after receipt of an advice from the International Bureau about any international registration where India has been designated, keep a record of the particulars of that international registration in the prescribed manner." The trigger is the advice from the International Bureau. The manner of recording is prescribed in the Rules.
Sub-section (2): refusal within eighteen months
"Where, after recording the particulars ... the Registrar is satisfied that in the circumstances of the case the protection of trade mark in India should not be granted or such protection should be granted subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the international registration has been accepted, he may, after hearing the applicant if he so desires, refuse grant of protection and inform the International Bureau in the prescribed manner within eighteen months from the date on which the advice referred to in sub-section (1) was received."
| Element | Text |
|---|---|
| Ground | Protection in India should not be granted, or should be granted subject to conditions or limitations (including additional or different ones) |
| Hearing | After hearing the applicant if he so desires |
| Action | Refuse grant of protection and inform the International Bureau |
| Time | Within eighteen months from the date on which the advice was received |
The wording echoes section 19 on withdrawal of acceptance. The ground in the section is the Registrar's satisfaction "in the circumstances of the case"; the grounds themselves are in sections 9 and 11, which sub-section (4) applies.
Sub-section (3): advertisement
"Where the Registrar finds nothing in the particulars of an international registration to refuse grant of protection under sub-section (2), he shall within the prescribed period cause such international registration to be advertised in the prescribed manner." The period and manner are in the Rules; compare section 20.
Sub-section (4): sections 9 to 21, 63 and 74 apply
"The provisions of Sections 9 to 21 (both inclusive), 63 and 74 shall apply mutatis mutandis in relation to an international registration as if such international registration was an application for registration of a trade mark under Section 18."
The international registration is treated, for these purposes, like an ordinary application:
- Sections 9 to 21: absolute and relative grounds, conditions for registration, application provisions as far as they fit, withdrawal of acceptance, advertisement and opposition (section 21). See section 21 and section 11.
- Sections 63 and 74: provisions in the chapters on collective marks and certification marks.
"Mutatis mutandis" means with necessary changes.
Sub-section (5): acceptance and deemed protection
"When the protection of an international registration has not been opposed and the time for notice of oppositions has expired, the Registrar shall within a period of eighteen months of the receipt of advice under sub-section (1) notify the International Bureau its acceptance of extension of protection of the trade mark under such international registration and, in case the Registrar fails to notify the International Bureau, it shall be deemed that the protection has been extended to the trade mark."
So:
- The condition: not opposed, and the time for notice of opposition has expired;
- The duty: notify acceptance within eighteen months of the receipt of advice;
- The default: if the Registrar fails to notify, protection is deemed extended.
The text deals with the unopposed case. It does not spell out in this sub-section what happens to an opposed case beyond what sub-section (4) provides.
Sub-section (6): replacement of an Indian registration
"Where a registered proprietor of a trade mark makes an international registration of that trade mark and designates India, the international registration from the date of the registration shall be deemed to replace the registration held in India without prejudice to any right acquired under such previously held registration and the Registrar shall, upon request by the applicant, make necessary entry in the register referred to in sub-section (1) of Section 6."
A holder of an Indian registration who obtains an international registration designating India: the international registration is deemed to replace the Indian registration from its date, without prejudice to rights acquired under the earlier registration. On request, the Registrar makes the entry in the register under section 6(1).
Sub-section (7): remedy where protection is not extended
"A holder of international registration of a trade mark who designates India and who has not been extended protection in India shall have the same remedy which is available to any person making an application for the registration of a trade mark under Section 18 and which has not resulted in registration under Section 23." The holder has the same remedy as an ordinary applicant whose application did not result in registration. The sub-section does not itself name the remedy; see the appeals provisions of the Act.
Sub-section (8): the five-year dependency on the foreign base
If, before five years of the international registration expire, the related basic application or basic registration in a Contracting Party other than India has been withdrawn, cancelled, has expired or has been finally refused for all or some of the goods or services, "the protection resulting from such international registration in India shall cease to have effect". The same five-year dependency as in section 36D(5), but tied to a basic application or registration in a Contracting Party other than India.
Example. A German company's international registration designates India. The Registrar records it, finds nothing to refuse and advertises it. Nobody opposes within the opposition period. If the Registrar does not notify acceptance within eighteen months of the advice, section 36E(5) deems protection extended.
What section 36E does not say
- No fee or form is stated.
- The prescribed period for advertisement is not in the text.
- The remedy in sub-section (7) is not spelt out.
Practical points
- Diary the eighteen months from the date of the advice.
- Watch the journal. Advertisement opens the opposition window under section 21.
- Holders of Indian registrations should note the replacement rule in sub-section (6), and everyone should watch the foreign base for five years.
Need help with a Madrid designation of India?
If an international registration designates India and a mark of yours is affected, or you hold such a registration and face an objection or opposition here, the timelines above are strict. Our trademark registration team can advise on the Indian process and represent you.
Key takeaways
- The Registrar records an international registration designating India after the International Bureau's advice.
- He may refuse protection, after hearing if desired, within eighteen months from the advice.
- If there is nothing to refuse, he advertises; sections 9 to 21, 63 and 74 apply as if it were a section 18 application.
- If unopposed, acceptance is to be notified within eighteen months; failure to notify means protection is deemed extended.
- The international registration can replace an existing Indian registration without prejudice to earlier rights.
- Protection in India ceases if the foreign basic application or registration fails within five years.
Read next
- Section 36D: international application originating from India
- Sections 36F-36G: effects, duration and renewal of international registration
- Madrid Protocol: designating India in an international registration
- Section 21: opposition to registration
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.