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

At a glance

Policy ID: 120

Status: Completed

Priority: No priority assigned

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
  • Public consultation in September 2025
  • Regulations made 13 November 2025
  • Commenced 19 November 2025
  • Completed 19 November 2025 
 

Comments

This issue is included in the exposure draft Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025, released for public consultation from 15 to 29 September 2025.

The changes commenced 19 November 2025

This form is protected by Recaptcha