Australia: Trademark

IP Australia's 2026 Australian IP Report reveals record-breaking trade mark and design filings, shifts in international application patterns, and the growing influence of AI and energy technologies on Australia's intellectual property landscape. The report demonstrates strong links between IP rights ownership and economic benefits for Australian businesses, particularly in early-stage ventures and design-intensive sectors.

On 11 March, the High Court of Australia delivered its judgment in Taylor v Killer Queen LLC [2026] HCA 5. The judgment marks essentially the final chapter in the long-running trade mark battle between Katie Jane Taylor, an Australian fashion designer trading under the name “Katie Perry”, and Katheryn Hudson, the internationally renowned pop star known as “Katy Perry”. For a history of the dispute and Full Federal Court decision.

Eminem's trademark battle with Australian beachwear brand Swim Shady has taken a significant turn as IP Australia ruled to cancel his SHADY trademark registrations for bags and clothing.

In Zip Co Limited v Firstmac Limited [2026] HCA 16, the High Court of Australia has delivered a much-anticipated decision on the application of the honest concurrent use defence to trade mark infringement under s 122(1)(fa) and s 44(3)(a) of the Trade Marks Act 1995 (Cth) (Act). 

This is a significant result for registered rights owners and for the law of trade marks in Australia, affirming the protection afforded to registered trade mark holders against concurrent users who cannot demonstrate...

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.

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

High Court hands down landmark trade mark decision in Katie Perry V Katy Perry saga

2025 年 12 月，澳大利亚联邦法院审理了两起品牌纠纷中的临时（或初步）禁令申请：Prezzee Pty Ltd 诉 Epay Australia Pty Ltd [2025] FCA 1662 和 Lindrum 诉 T&P Lindrum Pty Ltd [2025] FCA 1644。