Upcoming legislative changes will help keep Australia’s trade marks system aligned with international standards. They will also improve some processes for hearings and oppositions. The changes will have minimal impact on most customers.
The Governor-General recently approved the Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025. These make minor amendments to the Trade Marks Regulations 1995.
Changes will take effect in 2 stages, with transitional arrangements for existing matters.
Key changes from 19 November
- The options for replacing a registered trade mark will expand from full replacement to partial replacement. Replacement is only possible in rare cases where the same person owns both a protected international trade mark and an identical registered trade mark with an earlier priority date. Learn more about replacement at World Intellectual Property Organization (WIPO).
- The Registrar will be able to revoke acceptance of an international registration designating Australia (IRDA) before it’s protected. A notice of intention to revoke will pause the automatic protection of an IRDA, giving the holder time to respond to the Registrar and make their case.
Key changes from 19 December
- The deadline for submitting a notice of intention to defend against an opposition will change from one month to 2 months. This will only apply where the opposed matter was advertised on or after 19 December. The relevant deadline will be identified in office correspondence.
- The period for accepting a trade mark application can be deferred when a hearing is requested. Customers no longer need to apply for an extension of time when requesting a hearing close to the acceptance due date. Acceptance will instead be deferred until the hearing is resolved. Hearings requested before 19 December will not be affected.
These updates help keep Australia’s trade mark system aligned with international requirements and contribute to Government efforts to improve productivity through simpler regulation.
Further information
For more information about these changes, see the official notice. Information about the consultation process is available on our Consultation hub. The new Regulations and explanatory materials are available on the Federal Register of Legislation.