Australia: Trademark

IP Australia's fourteenth edition of the Australian Intellectual Property Report reveals significant shifts in IP filing trends, with trade marks and designs reaching record highs while patent applications decline.

Questel, a global leader in intellectual property (IP) solutions, is pleased to announce that Pointon Partners has chosen its trademark clearance and watch platform, Markify, to support and enhance its trademark services.

The Federal Court has handed down its decision in Black Star Pastry Pty Ltd v Richards (No 2) FCA 383, concerning, in effect, Black Star Pastry’s ability to sell coffee.

The case concerned whether the Australian designer's registered trade mark "Katie Perry" for clothing should be removed from the Trade Marks Register due to the prior reputation of the singer's stage name "Katy Perry".

This decision serves as a reminder that a registered mark may be used "within" a composite mark, and this can, in certain circumstances, still constitute "use" for the purposes of defeating removal application for non-use.

The FC recently considered 2 TM injunction cases reaching different outcomes based on the strength of evidence, TM rights & timing of the applications.

The case is interesting because it considers logo marks that have a common idea but differences in look and style.

The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 passed on 18 November 2025 introduces several amendments designed to streamline the Australian trade mark system, reduce unnecessary complexity, and to ensure current standards align with the international Madrid Protocol system.

In this article we do a deep dive on key legal issues when buying a software business in Australia.