Nicola Scheepers, Principal and Trade Mark Lawyer discusses the recent move by IP Australia in adopting the Madrid Goods and Services list and what it means for applicants.
In March 2024, IP Australia replaced its current list of goods and services for trade mark applications with the internationally recognised Madrid Goods and Services list (MGS).
Developed by the World Intellectual Property Organization (WIPO), the list is a standardised classification system used for trademark registration internationally. It categorises goods and services into specific classes, facilitating the process of trademark registration across multiple countries that are signatories to the Madrid Agreement and Protocol.
So what does this change mean?
The change will streamline and expedite the process of seeking trade mark protection through WIPO’s Madrid System and in Australia. Aligning application details with WIPO’s approved terms will help maintain consistency in trademark applications worldwide and will assist in avoiding objections being raised at the national level in Australia.
Importantly, the MGS list provides more choice to applicants through a wider range of terms in the goods and services compared to the previous Australian picklist. This change, however, means that it continues to be crucial to choose terms that adequately cover the necessary scope of the application.
For example, an application filed only for “Clothing” in Class 25 will not provide protection for “Footwear” also classified in Class 25.
To help with this, IP Australia has improved its search tool and introduced a new semantic search feature. Users can now find the classes their search terms fall into, as well as related classifications, ensuring that a more precise selection is made for their goods and services.
Additionally, now that Australia is using the same classification as WIPO, we expect a reduction in the number of irregularity reports received thereby reducing the cost to businesses.
At Griffith Hack, we are well-versed in these changes. If you need advice or assistance, please contact us.
