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

At a glance

Policy ID: 120

Status: Identified for action

Priority: High

Trade marks

Issue summary

In 2021, changes to the Regulations under the Madrid Protocol were adopted by the Madrid Union Assembly. These changes will 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.

The changes came 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
  • Identified for action 22 November 2023

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