Permit partial replacement of Australian trade mark registrations by International Registrations Designating Australia

Issue summary

Changes to the Regulations under the Madrid Protocol have been recommended to the Madrid Union Assembly by the Working Group on the Legal Development of the Madrid System for the International Registration of Marks. These changes would require Australia to permit an Australian trade mark registration to be partially replaced by an International Registration Designating Australia (IRDA). Australian law currently only permits replacement where the entire Australian registration is to be replaced by the IRDA.

Assuming the changes are adopted by the Madrid Union Assembly, they will come into force on 1 November, 2021. However, a transitional provision means that Australia would not need to accept partial replacements until 1 February, 2025.

History

• On hold 4 February 2021