Australian IP report 2025
Key trends for 2024 in trade mark filings in Australia
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Trade mark filings in 2024 were up by 2.8% on their level in 2023 and exceeded only by their record level in 2021.
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Non-resident filings grew by 9.0% to a record level, driven by continued strong growth in trade mark filings from China.
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Filings fell for technology-intensive services, while filings for household items rose (+22.2% from their 2023 levels).
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A 0.9% decline in resident filings was likely due to softer domestic economic conditions, with modest growth in household expenditure and a declining rate of new business entry in 2024.
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The number of active Australian small and medium enterprises (SMEs) that hold trade marks has grown by over 10,000 in 2024, from around 6.89% to 7.02% of total active SMEs.
What is a trade mark?
A trade mark is a type of IP right which distinguishes the trade origin of goods or services in the market. A registered trade mark confers its owner with the exclusive right to use the mark, or authorise others to use it, and seek relief if the trade mark is infringed.1 To be registrable, a trade mark must be sufficiently distinctive and not confusingly similar to any earlier marks. Registered trade marks enjoy protections under trade mark law which are often easier to enforce than protections available to unregistered trade mark owners.
- Trade marks can be renewed every 10 years in perpetuity, on the basis that the need to prevent consumer confusion does not lessen over time.