Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025

The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 (the IRHO Regulations) amend the Trade Marks Regulations 1995.

The amendments ensure Australia continues to comply with the international trade mark system (the Madrid System). They also introduce improvements focused on international trade marks, hearings and oppositions.

The IRHO Regulations are divided into 7 schedules:

• Schedules 1 and 5 take effect from 18 December 2025
• Schedules 2–4, 6 and 7 from 19 November 2025.

Schedule 1 – Increased period for filing of notice of intention to defend

This Schedule increases the period for filing a notice of intention to defend an opposition (NID) from one month to 2 months.

Parties will now have 2 months to file a NID in oppositions relating to:

• the extension of protection to an international registration designating Australia
• the registration of a trade mark filed domestically
• an application to cease protection of an international registration for non-use
• an application to remove a registered trade mark for non-use. These changes will apply to oppositions where the acceptance of the trade mark or international registration designating Australia is published on or after 18 December, and oppositions where the non-use application is published on or after 18 December.

Schedule 2 – Relationship between registered trade marks and protected international trade marks

This Schedule introduces partial replacement of a registered trade mark by a protected international trade mark. This aligns Australia with recent amendments to the Madrid System rules.

Previously, Australia only offered full replacement, where the protected international trade mark covers all the goods or services of an earlier, identical registered  trade mark. Under the new legislation, it is also possible for only some of the goods or services to be replaced. Goods or services that are not covered by the protected international trade mark remain unchanged.

Partial replacement will be available for any eligible trade marks, including those registered and protected before 19 November.

Schedule 3 – Rejecting IRDA on basis of sanctions regime

This Schedule introduces a new ground for rejecting an international registration designating Australia (IRDA). An IRDA will be rejected if its protection would result in an asset being made directly or indirectly available to, or for the benefit of, a person or entity to whom assets must not be made available under the Autonomous Sanctions Act 2011, the Charter of the United Nations Act 1945, or their regulations.

Schedule 4 – Registrar’s power to revoke acceptance of IRDA

This Schedule clarifies that an accepted IRDA will not automatically proceed to fully protected status if the Registrar has issued a notice of intention to revoke acceptance. Issuing this notice pauses the IRDA’s progression to protection at the end of the opposition period. This allows time for the holder to respond and for the Registrar to consider the response before deciding whether to revoke acceptance.

This change doesn’t override the 18-month backstop under subregulation 17A.36(5). An IRDA will still become protected 18 months after notification to Australia, unless the Registrar informs the International Bureau otherwise.

Schedule 5 – Extending period for examining trade mark applications where a hearing is requested

This Schedule provides a new ground for deferring acceptance when the applicant or holder requests a hearing. This removes the need for applicants to request extensions of time when seeking a hearing close to the acceptance due date. Applicants will not need to apply separately for deferment.

Deferment of acceptance pauses the deadline after which an application would otherwise lapse if examination of a trade mark application is not completed (or, for an IRDA, when the examination period would end). Deferment ends when:

• the Registrar decides to accept or reject the application after the hearing
• the applicant withdraws their request to be heard – whichever comes first. These changes apply to hearing requests made on or after 18 December.

The Registrar may now defer acceptance on their own initiative in this scenario.

Schedule 6 – Technical amendments

This Schedule makes 2 technical amendments to the Trade Marks Regulations. The word ‘and’ is substituted with ‘or’ in subparagraphs 4.14(3)(j)(i) and 17A.22(3)(j)(i).

Schedule 7 – Application provisions

This Schedule sets out how the amendments will apply in certain circumstances.

Further Information

Information about practice changes will be published in the relevant parts of the Trade Marks Manual of Practice and Procedure. The IRHO Regulations and explanatory materials are available on the Federal Register of Legislation.

Published date 17 November 2025 Trade marks Our website uses cookies to improve your experience. Learn more about how we use and collect data Accept Opt Out