On 13 May 2026, the High Court unanimously dismissed the appeal in Zip Co Ltd v Firstmac Ltd (S140-2025) [2026] HCA 16.
The High Court decision addressed aspects of the honest concurrent use defence relating to the date for assessing honest concurrent use and the meaning of honesty.
The Registrar of Trade Marks is assessing the implications of the decision and considering appropriate updates to the Trade Marks Manual of Practice and Procedure.
While this process is underway, customers are still able to file honest concurrent use submissions.
We welcome feedback on the Trade Marks Manual of Practice and Procedure.
Contact the Trade Marks and Designs Quality, Practice and Customers Team (QPC) at MDB-TechnicalHub@ipaustralia.gov.au.
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