IP Australia has updated Part 28 of the Trade Marks Manual of Practice and Procedure following the High Court's decision in Zip Co Limited v Firstmac Limited [2026] HCA 16.
The updates clarify how the honesty element of honest concurrent use under s 44(3)(a) of the Trade Marks Act 1995 is to be assessed.
IP Australia welcomes feedback on its practice via email to the Quality, Practice and Customers section: mdb-technicalhub@ipaustralia.gov.au