Catching up with nationals: Proposal to allow divisional applications for International registrations designating Australia

In January 2019, IP Australia released a draft of proposed amendments to the Trade Marks Regulations 1995 for public consultation. The changes are designed to enable overseas businesses using the Madrid Protocol system to divide any Australian designations of International applications, the same way that national applications can currently be divided. The proposed changes contain: (1) regulations allowing for ‘divisional applications’ of International Registrations Designating Australia; and (2) minor changes that clarify existing regulations in relation to the protection of international trademarks. Division of IRDAs Currently the applicant of a national Australian trademark application, is able to divide the application into two or more applications, should they chose to do so. For instance, if you file a trademark application covering three classes, and the trademark is acceptable for registration in respect of two of the classes but has hit a problem in one of…

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