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Amendments to Trademark Laws

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Dez 10, 2025
Australia
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Recent amendments to simplify Trademark System


Australia Simplifies Trade Mark Regulations with 2025 Amendments

Australia has introduced further reforms to streamline its trade mark system with the passage of the Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 on 18 November 2025. The changes aim to reduce procedural complexity and better align Australia’s framework with the international Madrid Protocol system.

The amendments will commence in two stages.

From 19 November 2025, trade mark owners can now elect for partial replacement of an earlier Australian national registration with a later identical International Registration Designating Australia (IRDA), allowing retention of the original priority date for selected goods or services. In addition, IRDAs will no longer automatically proceed to protected status if the Registrar is still considering a revocation of acceptance at the end of the opposition period.

From 19 December 2025, the deadline to file a notice of intention to defend in opposition and non-use proceedings will be extended from one month to two months for marks accepted on or after that date. Acceptance of a trade mark will also be automatically deferred where a hearing is requested close to acceptance, removing the need to apply for an extension of time.

While most changes are expected to be uncontroversial, the extended defence deadline is likely to have the greatest practical impact. It will particularly benefit foreign applicants—especially IRDA holders—who may face delays in receiving opposition notices through WIPO. Despite this improvement, appointing a local Australian agent remains strongly recommended to ensure timely handling of IP Australia correspondence.

Source: www.klgates.com