IP Australia released an Exposure Draft on 15 September 2025 for the Trade Marks Amendment (International Registrations, Hearings and Oppositions Regulations) 2025. These changes aim to improve consistency and alignment of the Trade Mark Regulations 1995 with international obligations under the Madrid Regulations and to resolve procedural inefficiencies and improve cost efficiencies.
Significant changes are proposed which include:
- giving the Registrar a discretionary power to dismiss oppositions and removal applications, should the initiating party fail to pay the fee; and
- a welcome new ground of deferment of pending trade mark applications where a hearing has been requested, in place of the current extensions of time regime.
Consultation is open until 29 September 2025. A summary of the key changes are as follows.
- Increasing Period from 1 to 2 months for Filing a Notice of Intention to Defend (Schedule 1)
In line with the current version of the Madrid Regulations in force on 1 November 2024, Schedule 1 proposes to increase the period for filing a Notice of Intention to Defend an opposition (NID) from 1 month to 2 months.
This applies to oppositions to registration of both national trade applications and International Registrations Designation Australia (“IRDA”), as well as applications for removal and cessation of protection of IRDAs for non-use. Whilst the obligation to increase the time period to 2 months is only required in relation to IRDA’s, the proposal seeks to ensure uniform treatment of applicants of national applications and holders of IRDAs.
- Partial Replacement of National Registrations by Protected International Trade Mark Registrations (Schedule 2)
Replacement of an Australian registered trade mark by a protected international trade mark currently requires a full replacement of all goods and services of the national mark as covered by the international registration. Schedule 2 proposes that replacement can occur on a partial basis, aligning with the Madrid Regulations. If only some goods or services overlap, those are replaced while the remaining goods and service remain under the national registration.
Sanction-Based Refusal of IRDAs (Schedule 3)
Schedule 3 proposes new grounds to reject IRDAs if protection would contravene Australia’s sanction regimes.[1] . The proposed amendments align with Australia’s obligations under international sanction regimes and ensure that protection does not result in assets being directly or indirectly available to sanctioned or proscribed persons or entities. These exemptions particularly apply where the appropriate permit or notice has been granted. These changes are not required in relation to national applications, as the Registrar is already prevented from registering a trade mark where the registration would contravene sanctions laws.
- Registrar’s Power to Revoke Acceptance of IRDAs (Schedule 4)
The Registrar may revoke acceptance of an IRDA before protection if satisfied that the IRDA should not have been accepted, provided it is reasonable in the circumstances. When considering revocation, the Registrar notifies the Holder accordingly, thereby allowing the Holder an opportunity to respond to the notification before a final decision is made.
Schedule 4 proposes amendments to prevent an IRDA from automatically becoming a protected international trade mark if the Registrar has issued a notice of intention to revoke its acceptance. It ensures the IRDA will not progress to protection until the matter is resolved, giving both the Holder and the Registrar adequate time to respond accordingly. However, this remains subject to the existing 18-month deadline which requires Australia to notify objections to the IB under the Madrid System. If that timeframe expires, protection will still be granted irrespective of other developments.
- Dismissal of Oppositions Not Progressing to Hearing or Final Decision (Schedule 5)
Under the current regulations, if neither party to an opposition to registration of a trade mark or to a removal application requests a hearing or pays the required fees, the Registrar is unable to finalise the matter. This leaves oppositions unresolved and/or creates uncertainty on the Register.
This will no longer be possible under the proposed changes, which introduces a new discretionary power for the Registrar to end oppositions and removal applications when the initiating party fails to progress the matter.
In particular, it is proposed that the party who initiates the action (ie the Opponent in an opposition to registration, or the Removal Applicant in the case of removal actions) ) must either request a hearing and pay the applicable fees or pay the fee for a decision without a hearing.
If neither is completed within three (3) months, the Registrar can dismiss or decide the opposition unfavourably to the initiating party.
The proposals also do not allow for any extensions of time, but administrative review of the decision is possible.
- Schedule 6 – Examination Timeframes Where Hearing Requested
In what is likely to be a welcome change, Schedule 6 proposes amendments to remove the need for applicants or Holders to request an extension of time (and associated fees) when a hearing is sought during the examination of trade mark applications or IRDAs.
Instead, it is proposed that requesting a hearing forms a new ground for deferment of acceptance, which pauses the examination deadline and prevents applications from lapsing during that period.
The consultation period closes Monday, 29 September 2025. DCC is actively tracking developments and will share updates as soon as they are available.
[1] under the Autonomous Sanctions Act 2011 or the Charter of the United Nations Act 1945