Exposure draft consultation: Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025

Results updated 3 Mar 2026

A response to this consultation detailing the outcomes and reasoning is available.

Thank you to all who contributed and provided submissions to our consultation.

Following consultation, IP Australia proceeded with a number of the proposals from the exposure draft.

The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 (the IRHO Regulations) were made on 13 November 2025. These Regulations amended the Trade Marks Regulations 1995 and include the following Schedules:

  • Schedule 1 – Increased period for filing of notice of intention to defend
  • Schedule 2 – Relationship between registered trade marks and protected international trade marks
  • Schedule 3 – Rejecting IRDA on basis of sanctions regime
  • Schedule 4 – Registrar’s power to revoke acceptance of IRDA
  • Schedule 5 – Extending period for examining trade mark applications where a hearing is requested
  • Schedule 6 – Technical amendments
  • Schedule 7 – Application provisions

One proposal was removed from the final package following consultation. This was the original Schedule 5 – Dealing with opposition to trade mark applications or removal. This item was removed from the package to further consider the feedback we received during the consultation process and to ensure an approach that supports the intended policy outcomes. Subsequent schedules were renumbered as a result of that removal.

Submissions received

We received one confidential submission and one non-confidential submission.

Published responses

View submitted responses where consent has been given to publish the response.

Closed 29 Sep 2025

Opened 15 Sep 2025

Contact

Ava Atkinson-Barclay

Policy & International Affairs

(02) 6283 2440

consultation@ipaustralia.gov.au

Overview

IP Australia welcomes feedback from interested stakeholders on an exposure draft of proposed Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025. These changes would contribute to Government efforts to bolster productivity growth through regulatory simplification, by reducing burdens on businesses.

The exposure draft regulations propose amendments to the Trade Marks Regulations 1995 to make them more user-friendly and consistent with international requirements. This includes updating Australia’s trade marks system in line with international regulations under the Madrid System.

The proposed changes include:

  • moving from one month to two months to file some opposition documents
  • allowing partial replacement for trade marks with some shared goods and services, in addition to the current option of full replacement
  • letting the Registrar finalise oppositions where neither party requests a hearing or decision
  • enabling deferment of acceptance when a hearing is requested.

Download the exposure draft

Note: the exposure draft regulations may not necessarily reflect the exact final amending regulations that are made after this consultation process.

Download our consultation paper

We have prepared a consultation paper to support the exposure draft regulations. This consultation paper provides more information on the proposed changes and how they would work.

Why your views matter

We welcome feedback from interested stakeholders. Your feedback and perspectives will help ensure these amendments are effective.

To contribute to the formal consultation process, please provide your submissions via the short online survey below.

Consultation was open for submissions from 15 to 29 September 2025.

Audiences

  • Applicants/Rights holders
  • IP attorney profession

Interests

  • Trade marks