Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025
The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 (IRHO Regulations) amend the Trade Marks Regulations 1995. The amendments ensure Australia’s ongoing compliance with the international trade mark system (the Madrid System). They also introduce improvements focused on international trade marks, hearings and oppositions.
The IRHO Regulations are divided into 7 schedules:
- Schedules 1 and 5 take effect from 19 December
- Schedules 2–4, 6 and 7 from 19 November.
For more information, see the official notice.
Schedule 1 – Increased period for filing of notice of intention to defend
Increases the period for filing a notice of intention to defend an opposition from one month to 2 months.
Schedule 2 – Relationship between registered trade marks and protected international trade marks
Makes provision for ‘partial’ replacement of national trade mark registrations (registered trade marks) by protected international trade marks.
Schedule 3 – Rejecting IRDA on basis of sanctions regime
Introduces a new ground for rejecting an IRDA if its protection would result in an asset being made directly or indirectly available to, or for the benefit of, a person or entity to whom assets must not be made available under the Autonomous Sanctions Act 2011, the Charter of the United Nations Act 1945, or their regulations.
Schedule 4 – Registrar’s power to revoke acceptance of IRDA
Clarifies that an IRDA will not become a protected international trade mark if the Registrar has issued a notice of intention to revoke its acceptance.
Schedule 5 – Extending period for examining trade mark applications where a hearing is requested
Provides a new ground for deferment of acceptance due to the applicant or holder requesting a hearing.
Schedule 6 – Technical amendments
Makes 2 technical amendments to the Trade Marks Regulations. The word ‘and’ is substituted with ‘or’ in subparagraphs 4.14(3)(j)(i) and 17A.22(3)(j)(i).
Schedule 7 – Application provisions
Sets out how the amendments in Schedules 1–6 will apply in certain circumstances.
Consultation on the exposure draft regulations ran from 15 to 29 September 2025. We made changes in response to submissions and will provide a formal response shortly.