Provide two months to file a ‘notice of intention to defend’

Issue summary

IP Australia is proposing to increase the deadline to file a ‘notice of intention to defend’ in oppositions from one month to two months. 
 
This proposal follows recent changes to the international regulations of the Madrid Protocol. The changes require Australia to permit a minimum of two months to respond to any provisional refusal of an International Registration Designating Australia (IRDA).

IRDAs currently have one month to respond to a provisional refusal based on an opposition, known as filing a ‘notice of intention to defend’. This time limit will need to be increased to two months to ensure compliance with the amended Madrid regulations. A transitional provision means that Australia would not need to change the time limit until at least 1 February 2025.

For consistency, it is also proposed to increase the time limit to file a ‘notice of intention to defend’ for trade marks filed directly with IP Australia to two months.

History

• Identified for action 22 November 2023
• Public consultation September 2025
• Regulations made 13 November 2025
• Commenced 19 December 2025
• Completed 19 December 2025.

Comments

This issue is included in the exposure draft Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025, released for public consultation from 15 September 2025 to 29 September 2025.

The changes commenced 19 December 2025.