07 Oct 2025
On 15 September 2025, IP Australia released an Exposure Draft of the Trade Marks Amendment (International Registrations, Hearings and Oppositions Regulations) 2025.
The goal? To streamline procedures, align Australian regulations with our international obligations under the Madrid System, and improve cost efficiency in trade mark oppositions, non-use proceedings and hearings.
Key Proposed Changes
1. More Time to Defend an Opposition
The period for filing a Notice of Intention to Defend will increase from 1 month to 2 months. This applies to both national applications and International Registrations Designating Australia (IRDAs).
While the 2-month timeframe is only mandatory for IRDAs under the Madrid Regulations, the proposed changes will give all applicants and holders equal treatment.
2. Partial Replacement of Registrations
Currently, replacing a national registration with a protected international registration requires a full replacement of goods and services.
The new proposal allows partial replacement. This means only the overlapping goods and services need to shift to the international registration, while the rest stay protected under the national filing — a welcome alignment with Madrid rules.
3. Sanctions-Based Refusal of IRDAs
Under the amendments, IRDAs could be refused if protection would breach Australia’s sanctions regimes. This ensures marks cannot be used to benefit sanctioned individuals or entities, unless the proper permit or notice has been granted.
4. Registrar’s Power to Revoke Acceptance
The Registrar will gain clearer powers to revoke acceptance of IRDAs before protection is granted, provided it is reasonable to do so.
This prevents an IRDA from automatically becoming a protected mark if the Registrar has raised concerns. Importantly, objections must still be raised within the Madrid System’s 18-month deadline.
5. Ending Oppositions That Don’t Progress
At present, oppositions and non-use proceedings can stall indefinitely if neither party requests a hearing or pays the hearing fees.
The Exposure Draft proposes giving the Registrar discretion to dismiss dormant oppositions if the initiating party does not progress the matter within 3 months. This brings greater certainty to the Register.
6. New Hearing-Linked Deferment Rules
Today, applicants must request (and pay for) extensions of time if they want to delay examination while a hearing is pending.
The proposed amendments introduce a new ground of deferment: simply requesting a hearing will pause examination deadlines, saving both time and money for applicants.
Why This Matters
These proposed reforms aim to:
- align Australian procedures with international standards,
- reduce unnecessary costs and delays, and
- give the Registrar more flexibility to manage proceedings efficiently.
But they also mean trade mark owners and opponents will need to be even more strategic about how — and when — they act.
Final Thoughts
The consultation window was short but we are monitoring developments and we will keep you updated. If you hold a trade mark, are considering filing one, or are engaged in opposition or non-use proceedings, it’s important to understand how these changes could affect your rights and timelines. So, look out for our next report on these developments.
Need Guidance?
At IP Solved, we help businesses stay ahead of regulatory change. Whether you’re protecting a new brand, facing an opposition, or navigating international filings, our team can give you clear, practical advice on what these reforms mean for you.
Contact IP Solved today to map out your brand strategy with confidence.
