The Australian trademark landscape saw notable shifts throughout 2025, driven by evolving economic conditions, technological innovation, and changes to regulatory frameworks. As we enter 2026, it's worth examining the data, trends, and forces that shaped trademark filing activity over the past twelve months — and what applicants, brand owners, and legal professionals can expect in the year ahead.
A Snapshot of 2025 Filing Activity
IP Australia, the government body responsible for administering intellectual property rights in Australia, continued to process a substantial volume of trademark applications throughout 2025. While final figures for the full calendar year are yet to be officially published at the time of writing, preliminary data and quarterly reports suggest that total trademark application numbers remained broadly in line with recent years, with some fluctuations driven by sector-specific activity.
To place this in context, IP Australia received approximately 77,000 trademark applications in the 2022-23 financial year and a comparable figure in 2023-24. The long-term trend over the past decade has been one of steady growth, punctuated by a dramatic spike during the COVID-19 pandemic years — particularly in 2020-21 and 2021-22 — when e-commerce growth and new brand launches drove filings to record levels. The post-pandemic normalisation that began in 2023 appears to have continued through 2025, with filing volumes settling into a sustainable rhythm rather than returning to peak pandemic-era numbers.
Domestic applications continued to represent the majority of filings, though international applicants — particularly those from China, the United States, and the European Union — maintained a significant presence in the Australian register. Madrid Protocol designations, which allow overseas brand owners to extend trademark protection to Australia through the international registration system administered by the World Intellectual Property Organization (WIPO), remained a popular pathway for foreign filers.
Key Trends That Shaped 2025
The Rise of AI and Technology-Related Filings
One of the most prominent trends of 2025 was the continued surge in trademark applications relating to artificial intelligence, machine learning, and related technology services. The explosive growth of generative AI tools throughout 2023 and 2024 created a wave of new brands, products, and services that required trademark protection. By 2025, this trend had matured, with filings spanning not just software and technology companies but also traditional industries — from financial services to healthcare — that were incorporating AI into their brand identity and service offerings.
Applications in Nice Classes 9 (software, computer hardware, and scientific apparatus), 35 (advertising, business management, and retail services), 38 (telecommunications), and 42 (scientific and technological services, including software as a service) were particularly active throughout the year. The convergence of AI with virtually every industry sector meant that trademark specifications increasingly needed to capture complex, multi-class goods and services descriptions.
Sustainability and Green Branding
Another defining feature of 2025 trademark activity was the proliferation of filings connected to sustainability, environmental services, and "green" branding. As Australian consumers and regulators placed greater emphasis on environmental credentials, businesses across sectors rushed to protect brand names, logos, and taglines associated with sustainable products and carbon-neutral services.
This trend intersected with increased scrutiny from the Australian Competition and Consumer Commission (ACCC) around greenwashing. The tension between protecting sustainability-related brand assets and ensuring those marks did not make misleading environmental claims created interesting challenges for trademark applicants and their advisers.
Health and Wellness Continues to Grow
The health and wellness sector continued its upward trajectory in 2025, with strong filing activity in Nice Classes 5 (pharmaceuticals and dietary supplements), 29 and 30 (food products), 32 (non-alcoholic beverages), and 44 (medical and health services). We explored this further in our digital economy and article. Functional foods, adaptogens, and personalised nutrition brands were particularly prominent among new filings, reflecting broader consumer trends.
E-Commerce and Direct-to-Consumer Brands
While the pandemic-era e-commerce boom has moderated, 2025 still saw healthy filing activity from direct-to-consumer brands and online retailers. The maturation of social commerce — selling directly through platforms such as Instagram, TikTok, and emerging channels — drove a new generation of brand owners to seek trademark protection, often for the first time. Many of these applicants were small businesses and sole traders, underscoring the importance of accessible and affordable trademark registration pathways.
Procedural and Legislative Developments
IP Australia's Digital Transformation
IP Australia continued to invest in its digital infrastructure throughout 2025, building on the modernisation programme that has been underway for several years. Enhancements to the online filing system, improved search functionality for the Australian Trade Marks Register, and the introduction of more streamlined examination processes were all welcomed by applicants and practitioners.
The agency's adoption of AI-assisted examination tools drew particular attention. While human examiners remained central to the decision-making process, the use of AI to assist with prior mark searches, classification verification, and formalities checking represented a significant step forward in operational efficiency. IP Australia has been transparent about its exploration of these technologies, and the legal profession has watched developments closely, keen to understand how AI integration might affect examination timelines and outcomes.
Examination Timeframes
Examination timeframes remained a point of focus throughout 2025. IP Australia's standard target is to issue a first examination report within a reasonable timeframe of filing — historically around four to five months for standard applications. Periods of backlog and staffing pressures have at times extended these timelines, and 2025 saw some variability depending on the complexity of the application and the relevant class of goods or services.
For straightforward applications with no objections, the overall timeline from filing to registration — which includes the examination phase, acceptance, advertisement, and a two-month opposition period — typically remained in the range of seven to twelve months. More complex matters involving objections, evidence requirements, or opposition proceedings naturally took considerably longer.
The Continuing Impact of the *Trademark Amendment (Fees) Act*
Fee structures for trademark applications and renewals saw adjustments during the period, with IP Australia implementing changes designed to better align costs with the resources required for examination and administration. Multi-class applications, which allow a single application to cover goods and services across multiple Nice Classes, continued to offer cost efficiencies for applicants with broad brand protection needs — though additional class fees applied.
International Filing Trends and Their Australian Impact
Global trademark filing trends inevitably influence the Australian register. WIPO's annual statistics have consistently shown worldwide filing growth, driven particularly by activity in China, which accounts for the largest share of global trademark applications by a significant margin. For more on this topic, see this analysis covering 12 boutique trademark firms. The flow-on effects for Australia include a steady stream of Madrid Protocol designations from Chinese and other Asian applicants seeking to protect their brands in the Australian market.
The United States, the United Kingdom, and European Union member states also remained significant sources of international filings designating Australia. Trade agreements, including the Australia-United Kingdom Free Trade Agreement (AUKFTA) that entered into force in May 2023, continued to support commercial activity and, by extension, trademark filing patterns between key trading partners.
For Australian businesses looking outward, the Madrid Protocol remained the most efficient mechanism for securing international trademark protection. With over 130 member countries, the system allows Australian brand owners to file a single international application through IP Australia and designate multiple jurisdictions — a significant advantage for businesses expanding into overseas markets.
Opposition and Enforcement Activity
Trademark opposition proceedings before IP Australia's Trade Marks Office remained an active area throughout 2025. The two-month opposition period following advertisement of an accepted mark provides a window for third parties to challenge registration, and well-resourced brand owners continued to monitor the register and take action against potentially conflicting applications.
The Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2) also dealt with a range of trademark disputes, including infringement actions, cancellation proceedings, and appeals from Trade Marks Office decisions. While a comprehensive review of 2025 case law is beyond the scope of this article, several decisions touched on important issues including the distinctiveness of colour marks, the scope of protection for well-known marks, and the intersection of trademark rights with consumer protection law.
Online brand enforcement, including actions against counterfeit goods sold through e-commerce platforms and social media, remained a priority for many rights holders. We explored this further in the the federal court handles trademark disputes guide. The increasing sophistication of counterfeiters — some now using AI-generated product images and deepfake endorsements — added new dimensions to enforcement challenges.
What to Expect in 2026
Looking ahead, several factors are likely to shape trademark filing activity and practice in Australia throughout 2026.
Continued Growth in Technology and AI Filings
The AI revolution shows no signs of slowing. As new applications of artificial intelligence emerge across industries, trademark filings in technology-related classes are expected to remain strong. The challenge for applicants will be crafting specifications that are sufficiently broad to protect their commercial interests while meeting IP Australia's requirements for clarity and precision.
Greater Scrutiny of Non-Traditional Marks
Applications for non-traditional marks — including sound marks, shape marks, colour marks, and potentially scent and motion marks — are likely to attract increasing attention as brand owners seek to differentiate themselves in crowded markets. These applications often face higher evidentiary hurdles, and practitioners should be prepared to advise clients on the evidence of distinctiveness required for registration.
Regulatory and Policy Developments
The Australian Government's ongoing review of intellectual property settings, including potential reforms to the *Trade Marks Act 1995* (Cth), may produce legislative developments in 2026. Any changes to examination standards, opposition procedures, or fee structures will be closely watched by the profession. Additionally, the intersection of trademark law with evolving consumer protection regulations — particularly around misleading conduct in the digital environment — is an area to monitor.
The Impact of Economic Conditions
Australia's broader economic conditions will inevitably influence trademark filing volumes. Interest rates, business confidence, consumer spending patterns, and the health of key sectors such as technology, retail, and resources all play a role. While economic headwinds could dampen filing activity from smaller businesses, established brand owners and international applicants typically maintain consistent filing programmes regardless of short-term economic fluctuations.
IP Australia's Service Delivery
Applicants and practitioners will be watching IP Australia's examination timeframes and service delivery standards closely in 2026. The agency's continued investment in digital tools and AI-assisted processes has the potential to improve efficiency, but any system transitions or staffing changes could introduce variability. Clear communication from IP Australia about expected timelines and any service disruptions will be important.
Practical Considerations for Trademark Applicants
For businesses considering trademark registration in 2026, several practical points are worth keeping in mind:
- **Conduct thorough searches before filing.** A comprehensive search of the Australian Trade Marks Register, business name registers, domain names, and common law usage can help identify potential conflicts before an application is lodged. This reduces the risk of objections during examination or opposition proceedings after acceptance.
- **Get your specifications right.** The goods and services specification is one of the most important elements of any trademark application. It defines the scope of protection and must comply with IP Australia's classification requirements. Overly broad or vague specifications may attract objections, while overly narrow ones may leave gaps in protection.
- **Consider a multi-class strategy.** If your brand covers goods and services across multiple Nice Classes, a multi-class application can be more efficient than filing separately. However, the additional class fees and the risk of a single objection holding up the entire application should be weighed carefully.
- **Don't overlook international protection.** If there is any prospect of your brand being used in overseas markets, early consideration of international filing strategies — including through the Madrid Protocol — is essential. Trademark rights are territorial, and registration in Australia does not provide protection elsewhere.
- **Monitor and enforce your rights.** Registration is only the beginning. Active monitoring of the trade marks register, domain name registrations, and online marketplaces is necessary to identify potential infringements early. Swift enforcement action helps maintain the strength and value of your trademark portfolio.
Conclusion
Australia's trademark system remains robust, accessible, and well-administered. The 2025 filing landscape reflected broader economic and technological trends — from the AI boom to sustainability branding — and these forces are expected to continue shaping activity well into 2026. For brand owners, staying informed about regulatory developments, filing trends, and best practices in trademark prosecution and enforcement will be essential to protecting and leveraging their most valuable intangible assets in the year ahead.