60.4.18 Protection

4.18.1  Relevant Legislation

Madrid Protocol

Article 2 Securing Protection through International Registration

Article 4 Effects of International Registration

Trade Mark Regulations

Regulation 17A.36 When trade mark becomes a protected international trade mark

17A.37 Notice that trade mark is a protected international trade mark

17A.39 Protected international trade mark - rights and protection

4.18.2  General Description

When an IRDA has successfully gone through IP Australia's examination and opposition processes, it will be known as a Protected International Trade Mark and will have the same level of protection as if it had been registered nationally.

An IRDA may also acquire protection if IP Australia does not, within 18 months of notification of the IRDA, notify the IB of:

• refusal based on examination, and/or
• refusal based on opposition, and/or
• the possibility of opposition outside the 18 month period.

If the holder does not respond to the provisional refusal based on examination, an IRDA will be accepted for protection, after the expiry of 15 months from the date the provisional refusal is issued for the goods and/or services which did not attract refusal.

4.18.3  Process

When the IRDA is accepted it is published in accordance with the regulations.  

If no notice of intention to oppose is filed within 2 months from the date on which acceptance was published IP Australia notifies the IB and the holder that the international registration is now protected in Australia. The notification includes the extent of the protection (i.e. the goods and/or services covered).