The Australian trade mark system is evolving with the implementation of the Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 (IRHO Regulations). These changes, effective from late 2024 through early 2025, refine procedures for trademark applicants and holders while aligning with international standards.
Extended Filing Deadlines for Opposition Defenses
One of the most immediate changes is the extension of the filing period for a Notice of Intention to Defend (NID) in opposition proceedings. Previously, applicants had just one month to respond to an opposition. Now, they have two months.
This adjustment is essential because the Registrar can treat an opposition as successful if a defense is not filed on time. The new deadline applies to cases where a trade mark, non-use removal application, or international registration designating Australia was published on or after December 19, 2025.
Partial Replacement of International Trade Marks
The IRHO Regulations introduce a new mechanism for replacing protected international trade marks (PITMs). Under the Madrid Protocol, trademark holders can now update their registrations selectively, rather than replacing all goods or services at once.
This flexibility allows businesses to retain key protections while modernizing their portfolios. Previously, a full replacement was required, which could risk losing legacy rights. Now, owners can update registrations gradually, aligning their strategies with international registrations without jeopardizing existing protections.
New Grounds for Rejecting International Registrations
Australia’s trade mark system now explicitly incorporates sanctions compliance. Starting November 19, 2024, international registrations designating Australia (IRDAs) may be rejected if their protection would make assets available to sanctioned entities or individuals under the Autonomous Sanctions Act 2011 or the Charter of the United Nations Act 1945.
This change ensures that trademark rights do not conflict with financial or trade restrictions, reinforcing Australia’s alignment with global regulatory frameworks.
Revocation of Accepted International Registrations
Schedule 4 clarifies that a notice of intention to revoke acceptance of an IRDA does not automatically halt its protection. Instead, the grant of protection is paused, giving applicants time to address the Registrar’s concerns.
However, an IRDA will still become protected 18 months after notification to Australia unless the Registrar intervenes within that period. This provides a structured process for resolving disputes without losing the trademark’s eventual validity.
Extended Examination Periods for Hearing Requests
Schedule 5 introduces a “deferred acceptance” process for trade mark applications where a hearing is requested. Acceptance of the application is paused, preventing it from lapsing if the examination is not resolved in time.
Applicants no longer need to separately request deferment. The pause ends when the Registrar decides to accept or reject the application following a hearing, or when the applicant withdraws their hearing request. This change simplifies the process for those needing additional time.
Key Implications for Businesses
The IRHO Regulations balance procedural efficiency with compliance, offering greater flexibility for trademark holders while addressing risks like sanctions violations and trademark confusability. Businesses must now monitor their portfolios more closely, particularly when managing international registrations.
The changes also underscore the importance of proactive trademark monitoring to avoid conflicts with new rejection grounds or procedural deadlines. For companies operating globally, these updates reflect a broader trend toward harmonizing national systems with international standards.
Businesses need to stay vigilant, especially as the complexity of global trademark management grows. A single oversight can lead to costly legal battles or lost brand value. IP Defender is designed to help businesses navigate these challenges by monitoring national trademark databases for conflicts and infringements. Their service ensures that no potential threat goes unnoticed, allowing companies to protect their intellectual property effectively.
By adapting to these reforms, businesses can better protect their intellectual property while navigating the complexities of a rapidly evolving regulatory landscape. The right tools, like IP Defender, can make all the difference in maintaining control over brand identity and market presence.