Australia’s trademark system is poised for a series of important updates with the recent release of the exposure draft of the Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 by IP Australia. The public consultation period for the draft concluded on September 29, 2025. These proposed changes are designed to align more closely with international standards and improve user experience, offering greater flexibility and efficiency for businesses and individuals managing trademark rights in Australia.
Extended Period for Filing a Notice of Intention to Defend
A significant change under the proposal is the extension of the deadline for filing a Notice of Intention to Defend from one month to two months. This adjustment brings Australia into line with the Madrid system and offers trademark holders more time to prepare and respond to an opposition, reducing the risk of losing rights due to time constraints.
More Flexible Management of National and International Trademark Portfolios
The draft regulations introduce the possibility of partial replacement of a national Australian trademark registration by a protected international trade mark. This allows trademark owners to manage their rights with greater precision. For example, they could maintain an international registration for specific goods or services while allowing the corresponding national registration to lapse, potentially simplifying portfolio management and reducing renewal costs.
New Powers to Resolve Stalled Opposition Proceedings
To address the issue of opposition proceedings that remain inactive indefinitely, the Registrar will be empowered to formally end such “stalled” oppositions. If the relevant party (such as the opponent or the non-use applicant) fails to take required steps—such as requesting a hearing or paying the applicable fee—within three months after the evidence period ends, the Registrar may dismiss the opposition or deem it successful. This measure aims to clear case backlogs and enhance the overall efficiency and certainty of the trademark system.
Other Notable Improvements
The amendments also introduce a new ground for refusing protection of an international registration designating Australia if it would contravene Australian sanctions laws. Additionally, the process for handling hearings will be streamlined: when an applicant requests a hearing, the examination deadline will be automatically deferred, removing the need for a separate extension request and reducing administrative burdens.
Next Steps and Strategic Considerations
Please note that the public consultation period for the exposure draft closed on September 29, 2025. IP Australia is now reviewing the feedback received. The final content and effective date of the amended regulations may differ from the draft and are subject to official approval.
Businesses with trademark interests in Australia are advised to monitor official announcements closely. Once these changes take effect, adapting promptly will be key to leveraging the increased flexibility and managing potential risks effectively.
Source: Based on the exposure draft published by IP Australia.
Disclaimer: This summary is for informational purposes only and does not constitute legal advice.
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