Change of Practice and Procedure Application for International Registration Governed by the Madrid Protocol with Australia as the Office of Origin

The instructions in the IP Australia International TM Application Kit state that the goods and/or
services claimed must be the same as or less than those claimed in the basic trade marks(s) and the applicant
must list the goods and/or services. Where the applicant is claiming the exact classes and goods and/or services as contained in their basic trade mark, they are still required to list these in their international application.

The current office practice is to check the claimed goods and/or services in the international application against
the basic trade mark and issue an “Unable to Certify” letter if the claims are broader or if there are other
problems with the information provided. The new practice will apply to applicants who do not wish to change any of the words from their basic application or registration for a particular Class or Classes and will allow them to complete the Goods and Services section of the International Application.


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