The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 (the IRHO Regulations) have now been formally approved, introducing important updates to the Trade Marks Regulations 1995. These changes, developed following a public consultation process, are designed to further align Australia’s trade mark system with the Madrid System and streamline examination and opposition procedures.
The amendments will take effect in two stages, with the first set commencing on 19 November 2025 and the second on 19 December 2025. Transitional arrangements will apply to ensure a smooth implementation.
Key Changes Effective from 19 November 2025
A significant update is the introduction of a partial replacement mechanism. Previously, Australia only permitted a protected international trade mark to fully replace an identical earlier registered trade mark held by the same owner. Under the new rules, it will be possible to replace only some of the goods and/or services covered by the earlier registration. It is important to note that this mechanism applies only in specific circumstances where the same owner holds both marks.
Additionally, the Registrar will be explicitly empowered to revoke acceptance of an International Registration Designating Australia (IRDA) before it reaches protected status. If the Registrar issues a notice of intention to revoke acceptance, the IRDA will not automatically proceed to protection. This pause allows the holder time to respond and present their case before a final decision is made.
Key Changes Effective from 19 December 2025
The deadline for filing a Notice of Intention to Defend in opposition proceedings will be extended from one month to two months. This change applies to oppositions where the relevant matter (such as acceptance of a trade mark or a non-use application) is advertised on or after 19 December 2025. The applicable deadline will be clearly stated in all official correspondence.
Furthermore, the process for deferring acceptance when a hearing is requested has been simplified. Applicants will no longer need to file a separate application for an extension of time when a hearing is requested close to the acceptance deadline. Instead, acceptance will be automatically deferred until the hearing is resolved. This change applies to hearing requests made on or after 19 December 2025.
Other Important Updates
The amendments also introduce a new ground for rejecting an IRDA if its protection would contravene Australian sanctions law. Several technical amendments have been made to improve legislative clarity, and application provisions specify how the changes apply in various circumstances.
Further Information
For more detailed information, please refer to the official practice updates which will be incorporated into the Trade Marks Manual of Practice and Procedure. The full IRHO Regulations and explanatory materials are available on the Federal Register of Legislation.
Source: https://www.ipaustralia.gov.au/news-and-community/news/trade-mark-regulations-update-improves-and-simplifies-processes
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