Navigating Australia’s new trade mark regulations

Australia’s trade mark landscape is shifting, with new changes already in effect for 2026 following the introduction of the Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 (IRHO Regulations). The IRHO Regulations amend the Trade Marks Regulations 1995 to ensure Australia’s continued compliance with the Madrid Protocol and to introduce improvements for international registrations, oppositions and hearings.

The instrument was made in November 2025 and is framed to operate in two tranches, both of which have now commenced.

Although driven by the Madrid Protocol, the changes not only affect international applications but all applications, including those filed locally.

New trade mark regulations: What has changed?

Some of the key changes that practitioners navigating the trade mark landscape should be aware of are.

• Revocation of acceptance
  The Regulations clarify how International Registrations Designating Australia (IRDAs) progress through examination. IRDAs will not automatically progress to full protection if the Registrar issues a notice of intention to revoke acceptance. Instead, the IRDA will be paused, giving the holder time to respond before a final decision.
• Extended procedural timeframes
  The period for filing a Notice of Intention to Defend in opposition proceedings is increased from one month to two months, providing respondents more time to assess and prepare a defence.
• Partial replacement and priority preservation
  In certain circumstances, an IRDA can now partially replace an existing Australian registration while keeping the earlier priority date. This offers more flexibility for trade mark owners with overlapping filings.
• Hearing and evidence refinements
  The Regulations introduce procedural improvements to hearings and evidence handling intended to reduce unnecessary complexity and administrative burden. Applicants or holders requesting a hearing can now defer acceptance without seeking an extension of the acceptance deadline.

Each of these reforms is designed to reduce transactional friction and to bring Australia’s practice into closer step with international norms.

What the new trade mark regulations mean for practitioners and clients

• For trade mark owners using the Madrid route:
  The amendments make Australia a more predictable destination for international designations by clarifying how replacements work and how national and international filings interact. This can affect portfolio strategies where applicants hold both national and international registrations.
• For opponents and respondents:
  The two‑month window to file a Notice of Intention to Defend is a material change. Practitioners and opponents should update internal calendars and client instructions to reflect the longer response period and consider how that affects evidence gathering and settlement timelines.
• For hearings and case management:
  Streamlined evidence rules and clearer hearing procedures should reduce interlocutory disputes and administrative delays, but practitioners must still be vigilant about new formal requirements and any transitional arrangements.

What you should do now

To stay aligned with the new requirements, practitioners should prioritise the following actions.

1. Review existing oppositions and pending IRDAs
   Identify opportunities for partial replacement or priority preservation.
2. Update internal procedures and client alerts
   Reflect the new two-month Notice of Intention to Defend period.
3. Train dispute teams
   Ensure familiarity with hearing and evidence rules to avoid procedural missteps.
4. Monitor IP Australia guidance
   Watch for updated practice notes or forms that implement the Regulations in day‑to‑day practice.

The IRHO Regulations introduce targeted yet meaningful updates that modernise Australia’s trade mark framework, and reduce friction for international users while recalibrating domestic opposition and hearing procedures. By paying early attention to the new timeframes and replacement mechanics  practitioners can help clients preserve their rights and avoid unnecessary procedural setbacks as the changes take effect.

For any questions or assistance regarding the new trade mark regulations, trade mark protection or opposition strategies, Macpherson Kelley’s Intellectual Property lawyers can provide expert advice at each stage of the business lifecycle.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.