UAT Environment

Chapter 3: Trade marks

Insights into trade mark registration trends and their role in protecting brand identity.

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Australian IP report 2025

In this chapter

Key trends for 2024 in trade mark filings in Australia

  • Trade mark filings in 2024 were up by 2.8% on their level in 2023 and exceeded only by their record level in 2021.

  • Non-resident filings grew by 9.0% to a record level, driven by continued strong growth in trade mark filings from China.

  • Filings fell for technology-intensive services, while filings for household items rose (+22.2% from their 2023 levels).

  • A 0.9% decline in resident filings was likely due to softer domestic economic conditions, with modest growth in household expenditure and a declining rate of new business entry in 2024.

  • The number of active Australian small and medium enterprises (SMEs) that hold trade marks has grown by over 10,000 in 2024, from around 6.89% to 7.02% of total active SMEs.

What is a trade mark?

A trade mark is a type of IP right which distinguishes the trade origin of goods or services in the market. A registered trade mark confers its owner with the exclusive right to use the mark, or authorise others to use it, and seek relief if the trade mark is infringed.1  To be registrable, a trade mark must be sufficiently distinctive and not confusingly similar to any earlier marks. Registered trade marks enjoy protections under trade mark law which are often easier to enforce than protections available to unregistered trade mark owners.

Read next: Trade mark applications and registrations, and where they came from

  1. Trade marks can be renewed every 10 years in perpetuity, on the basis that the need to prevent consumer confusion does not lessen over time.
  2. Nguyen, K. & Yoo, Y. R. (forthcoming). Evaluating trade marks as a leading economic indicator of the Australian business cycle. IP Australia Analytical Note.
  3. Reserve Bank of Australia. (2023). Statement on Monetary Policy: November 2023. Statement on Monetary Policy – November 2023 | RBA.
  4. For more information, see https://www.wipo.int/classifications/nice/en/.
  5. High volume classes are defined as classes in the top quartile for total number of applications received in 2023.
  6. For example, see Jensen, P. H. & Webster, E. (2011). Patterns of trademarking activity in Australia [Melbourne Institute Working Paper No. 2/04]. Australian intellectual Property Journal, 15.
  7. Australian Bureau of Statistics. (2024, 12 January). Monthly household spending indicator: Experimental indicator of household spending using bank transactions data. Monthly Household Spending Indicator, November 2023 | Australian Bureau of Statistics (abs.gov.au).
  8. Barroso, A., Giarratana, M. S. & Pasquini, M. (2019). Product portfolio performance in new foreign markets: The EU trademark dual system. Research Policy, 48, 11–21.
  9. High volume locations are defined as those above the mean for total applications received in 2023.
  10. Beebe, B. & Fromer, J. C. (2020), Fake Trademark Specimens: An Empirical Analysis, 120 Colum. L. Rev. F. (217), 218–20.
  11. See Lyalkov, S., Carmona, M., Congregado, E., Millán, E. & Millán, J. M. (2019). Trademarks and their association with Kirznerian entrepreneurs. Industry and Innovation, 27(1–2), 1–10.
  12. Nathan, M. & Russo, A. (2022). Innovative events: Product launches, innovation and firm performance. Research Policy, 51(1), Article 104373.
  13. Australian Bureau of Statistics. (2023, 22 August). Counts of Australian businesses, including entries and exits. https://www.abs.gov.au/statistics/economy/business-indicators/counts-australian-businesses-including-entries-and-exits/latest-release.
  14. Australian Bureau of Statistics. (2023, 22 August). Counts of Australian businesses, including entries and exits. https://www.abs.gov.au/statistics/economy/business-indicators/counts-australian-businesses-including-entries-and-exits/latest-release.
  15. Paranavitane, V. (2023, 22 December). Top 3 UK trade mark cases of 2023. World IP Review. https://www.worldipreview.com/article/top-3-uk-trademark-cases-of-2023.
  16. Samios, Z. (2023, 12 November). Aristocrat’s investors aren’t spooked by casino, bookie headwinds. Australian Financial Review. ALL ASX: Aristocrat’s investors aren’t spooked by casino, bookie headwinds (afr.com).
  17. Evans, S. (2023, 29 November). Fast 100: This company doubled its revenue on medicinal cannabis demand. Australian Financial Review. Cannatrek medicinal cannabis group has doubled revenues to more than $90 million and boss Tommy Huppert says demand is on the rise. (afr.com).
  18. WIPO IP Statistics Database.
  19. High volume destinations are defined as those in the top quartile of locations for total class filings in 2022.
  1. Trade marks can be renewed every 10 years in perpetuity, on the basis that the need to prevent consumer confusion does not lessen over time.

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