SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOLCentral

Section 36C of The Trade Marks Act, 1999

1[36C. Trade Marks Registry to deal with international applications.--Notwithstanding anything contained in sub-section (3) of section 5, an international application shall be dealt with by the head office of the Trade Marks Registry or such branch office of the Registry, as the Central Government may, by notification in the Official Gazette, specify.]

Summary

Assigns the responsibility for processing international trademark applications strictly to the head office of the Trade Marks Registry.
Allows the Central Government to grant processing authority to a specific branch office by publishing a notification.
Overrides the normal territorial limits that usually dictate where an applicant must file their trademark paperwork.

Practical examples

1In August 2026, a startup located in Chennai wants to file an international application. Instead of going to their local branch office based on standard territorial rules, their paperwork is processed by the head office in Mumbai as required by this provision.

2To ease the workload, the Central Government publishes a notification in the Official Gazette stating that the Delhi branch office is now authorised to handle Madrid Protocol applications alongside the head office.

FAQ

1. Which office processes international filings according to Section 36C of The Trade Marks Act, 1999?

Section 36C of the trade mark rules states that international applications are dealt with by the head office of the Trade Marks Registry, or a branch office specified by the Central Government.

2. Can the Central Government allow branch offices to handle international applications under Section 36C of the 1999 Trade Marks Act?

Yes, Section 36C of the Act allows the Central Government to specify a branch office to deal with international applications by publishing a notification in the Official Gazette.

3. Does Section 36C of The Trade Marks Act, 1999 follow the normal territorial rules for trademark registries?

No, Section 36C of the trade marks statute explicitly states that it operates notwithstanding anything contained in sub-section 3 of section 5, which usually governs territorial limits.

Test yourself

Q1.Which specific provision is explicitly overridden by Section 36C of The Trade Marks Act, 1999 regarding the handling of international applications?

Q2.According to Section 36C of the 1999 trade mark law, which office has the default primary authority to deal with international applications?

Q3.How must the Central Government specify a branch office to handle international applications under Section 36C of The Trade Marks Act, 1999?

Q4.Under Section 36C of the trade marks legislation, these processing rules apply specifically to which type of applications?

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