Chapter 3: Trade marks

Filing routes

In 2024, Madrid filings in Australia fell for the third consecutive year, down 7.0% from their level in 2023 (to 16,420). Direct filings to IP Australia increased for the second consecutive year, up 5.5% to 69,525, the highest level of direct filings on record.

The last 2 years has seen a reversal in the long-term trend toward increased usage of the Madrid system to file trade marks in Australia. The share of new trade marks in Australia filed via the Madrid system fell has fallen below 20% for the first time since 2016. (see Figure 3.6).

On average, for applications filed in Australia through the Madrid system, there is a 3.5-month delay between the international application’s earliest filing date and when the application is received by IP Australia. Consequently, Madrid filings in 2024 reflect international IP activity in late 2023 as well as 2024.

Figure 3.6 Trade mark applications in Australia by filing route, 2015 to 2024

States and territories

Among Australian states and territories, New South Wales (NSW) is the leading source for resident trade mark applications in Australia, followed by Victoria and Queensland. However, the Australian Capital Territory (ACT) was the most trade mark-intensive in 2024 with 21 applications per thousand businesses in the territory (compared to 19 in Victoria, New South Wales and Queensland).

In 2024, application volumes fell in all states and territories except for the Northern Territory and Victoria (Figure 3.7). In 2024, Victoria overtook New South Wales and Queensland to have the highest new business entry rate, likely driving new trade mark activity in the state.

Figure 3.7 Trade mark applications by Australian states and territories, 2024

Source: IP Australia; ABS. Counts of Australian Businesses, including Entries and Exits, July 2020 – June 2024. Retrieved 14 March 2024.

Australian filings abroad

In 2023, Australians filed 17,407 trade mark applications abroad, down 15.8% on their level in 2023, based on the latest available data from WIPO. This is the second consecutive year of decline in Australian filings abroad, now down 24.5% from their 2021 peak.¹ Total trade mark classes filed by Australians overseas have also declined, down 16.2% in 2023 to 40,324 in total.

The leading destination markets for Australian trade mark filings are New Zealand, the United States, China, the United Kingdom, and the European Union Intellectual Property Office (EUIPO), as shown in Figure 3.8. These destinations were followed by Canada, Singapore, India, Japan, the Republic of Korea and Indonesia. Applications by Australians to each of these locations fell in 2023 from their level in 2022, as global growth moderated.

Figure 3.8 Leading destinations for Australian trade mark applications (class count), 2023

Source: WIPO IP Statistics Database

Among ‘high volume’ destinations, only India saw growth in Australian filings abroad, with filings in India recovering from a notable decline in 2022.²

Trade mark applicants can obtain protection for their marks in multiple countries by filing a single international application via the Madrid system. As of 2024, 130 countries were members of the Madrid system, representing more than 80% of world trade. As the system has expanded to cover more countries, the share of Australian classes filed abroad via Madrid has tended to increase, from 45.6% in 2017 to 55.6% in 2023.

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