At present, it is not possible to divide an International Registration Designating Australia (IRDA) for a trade mark application under the Madrid System. Proposed changes to the Common Regulations under the Madrid Agreement will come into force in February 2019, and will provide for the division of IRDAs under the Madrid Agreement. IP Australia will implement divisionals for IRDAs and consequential changes to domestic divisionals (see issue 25).
Proposed changes to the Common Regulations under the Madrid Agreement will also provide for the merger of IRDAs under the Madrid Agreement. Mergers would allow divided IRDAs to be merged back into one IRDA.
Because Australia does not currently allow for a divisional trade mark to be merged back with its parent in our domestic trade mark system, Australia would not need to offer mergers for IRDAs at the same time as the division of IRDAs is implemented (issue 25). However, there may be some benefits of introducing mergers for trade mark applications, and as such this issue may be considered further in the future.