The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 introduces a number of amendments, some of which were effective from 19 November 2025 and others from 19 December 2025.
There are seven Schedules to the IRHO and for trade mark practitioners, the most notable changes are:
- Schedule 1 which increases the period for filing a Notice of Intention to Defend from one month to two months. This takes effect for all oppositions where the acceptance of the trade mark or international registration designating Australia is published on or after 19 December 2025, and oppositions where the non-use application is published on or after 19 December 2025.
- Schedule 2 which introduces partial replacement of a protected international trade mark. Partial replacement will be available for any eligible trade marks, including those registered and protected before 19 November 2025. Previously, only full replacement was available where the protected international trade mark covered all the goods or services of an earlier, identical registered trade mark.
- Schedule 4 clarifies that an IRDA will not automatically proceed to fully protected status if the Registrar has issued a notice of intention to revoke acceptance. Once the notice issues, the IRDA will be paused rather than progressing to protection at the end of the opposition period. According to IP Australia, this will allow time for the holder of the mark to respond and for the Registrar to consider the response before deciding whether to revoke acceptance.
- Schedule 5 provides a new ground for deferring acceptance when an applicant or holder requests a hearing so that it will no longer be necessary to seek an extension of the acceptance deadline when a hearing is sought close to the acceptance due date. This applies to hearing requests made on or after 19 December 2025.
The Registrar is also now able to defer acceptance on their own initiative in these circumstances.
IP Australia states that the changes are to ensure Australia continues to comply with the Madrid System and will result in some improvements to international trade marks, hearings and oppositions.
Further information is available at: Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 | IP Australia
