Trade mark law update

Regulatory Reform Omnibus Act 2026: What It Means for Australian Trade Mark Owners

By IP Wealth · Published 19 October 2026 · 5 minute read

A new Act has passed that changes how Australia's trade mark system lines up with the rest of the world, and opens the door to changes in opposition costs and attorney registration. Nothing changes for your existing trade marks today, but there is a date to put in your diary and a few sensible steps to take now.

What has happened?

The Regulatory Reform Omnibus Act 2026 received Royal Assent on 18 September 2026, and IP Australia announced it on 28 September. It is a package aimed at streamlining parts of the Australian IP system. Schedule 1 amends the Trade Marks Act 1995 alongside other IP legislation.

For trade mark owners, there are two parts to understand: what has a date, and what is still to come.

The date to remember: 18 March 2027

According to IP Australia, amendments to the Trade Marks Act will commence on 18 March 2027 to align it with updates to the Madrid Protocol, its regulations and the Nice Classification. IP Australia will also amend the Trade Marks Regulations 1995 to match.

Why this matters

The Madrid Protocol is how many Australian businesses file trade marks overseas, and the Nice Classification is the system used to group goods and services into classes. When these are updated internationally, Australian law needs to keep pace so that filings, classes and descriptions line up. If you have international filings planned, or you rely on specific wording for your goods and services, it is worth checking your plans against the March 2027 date.

What is still to come?

The Act also creates regulation-making powers. These can only be used later, after further public consultation, and IP Australia has said it will publish an exposure draft for comment first.

Non-scale costs in opposition proceedings

Regulations could allow the Registrar of Trade Marks to award costs outside the usual scale in contested trade mark proceedings. In practice, this could matter if one side conducts an opposition in a way that causes unnecessary delay or expense. It is not in place yet, so nothing changes in how oppositions are run today.

The attorney re-registration loophole

The Act also lets regulations be made to close what has been described as the trade mark and patent attorney re-registration loophole. Again, this depends on future regulations and consultation.

What should trade mark owners do now?

1. Review your portfolio. Check what you have registered, what is due for renewal, and whether your key brand names, logos and slogans are all covered.
2. Check international plans. If you are thinking of filing overseas through the Madrid Protocol, talk to us about timing relative to March 2027.
3. Look at your goods and services descriptions. Classification updates can change how things are grouped, so make sure your coverage reflects what your business actually sells.
4. Do not wait to protect new brands. Reform does not change the basic rule that the earlier you file, the better your position.

Frequently asked questions

General information only, not legal advice. This article summarises publicly available information from IP Australia as at 19 October 2026 and may change as regulations and consultation develop. Speak to a registered trade mark attorney about your own circumstances. © 2026 IP Wealth Pty Ltd. All rights reserved.