Bad faith as a ground for rejection in examining a trade mark application

IP Australia has received a submission from a stakeholder that proposed amendments to the Trade Marks legislation, to give the Registrar the power to refuse to register a trade mark made in bad faith to help prevent applications that have been filed for potentially improper purposes, without relying on third parties to identify and oppose them.

At a glance

Policy ID: 165

Status: On hold

Priority: Low

Trade marks

Issue Summary

IP Australia has received a submission from a stakeholder that proposed amendments to the Trade Marks legislation. Trade mark applications can be opposed on the basis that they were made in bad faith. However, bad faith is not a ground that can be considered by the Registrar when examining an application before it is accepted.

The submission suggests the Registrar be given the power to refuse to register a trade mark made in bad faith to help prevent applications that have been filed for potentially improper purposes progressing, without relying on third parties to identify and oppose them.

History

On hold, 28 September 2026

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