Australian IP report 2025
Filing routes
Taking IP global: the Madrid system
Brand owners can directly file for trade marks with IP offices in the countries and regions where they seek protection or file an international application through the Madrid system. The Madrid route provides a streamlined way for applicants to file an international trade mark application and seek protection in multiple jurisdictions. To make it easier and quicker for Australian applicants to use the Madrid System, IP Australia adopted WIPO’s Madrid Goods and Services List in March 2024.
In 2024, Madrid filings in Australia fell for the third consecutive year, down 7.0% from their level in 2023 (to 16,420). Direct filings to IP Australia increased for the second consecutive year, up 5.5% to 69,525, the highest level of direct filings on record.
The last 2 years has seen a reversal in the long-term trend toward increased usage of the Madrid system to file trade marks in Australia. The share of new trade marks in Australia filed via the Madrid system fell has fallen below 20% for the first time since 2016. (see Figure 3.6).
On average, for applications filed in Australia through the Madrid system, there is a 3.5-month delay between the international application’s earliest filing date and when the application is received by IP Australia. Consequently, Madrid filings in 2024 reflect international IP activity in late 2023 as well as 2024.
Figure 3.6 Trade mark applications in Australia by filing route, 2015 to 2024
States and territories
Among Australian states and territories, New South Wales (NSW) is the leading source for resident trade mark applications in Australia, followed by Victoria and Queensland. However, the Australian Capital Territory (ACT) was the most trade mark-intensive in 2024 with 21 applications per thousand businesses in the territory (compared to 19 in Victoria, New South Wales and Queensland).
In 2024, application volumes fell in all states and territories except for the Northern Territory and Victoria (Figure 3.7). In 2024, Victoria overtook New South Wales and Queensland to have the highest new business entry rate, likely driving new trade mark activity in the state.
Figure 3.7 Trade mark applications by Australian states and territories, 2024
Source: IP Australia; ABS. Counts of Australian Businesses, including Entries and Exits, July 2020 – June 2024. Retrieved 14 March 2024.
Australian filings abroad
In 2023, Australians filed 17,407 trade mark applications abroad, down 15.8% on their level in 2023, based on the latest available data from WIPO. This is the second consecutive year of decline in Australian filings abroad, now down 24.5% from their 2021 peak.1 Total trade mark classes filed by Australians overseas have also declined, down 16.2% in 2023 to 40,324 in total.
The leading destination markets for Australian trade mark filings are New Zealand, the United States, China, the United Kingdom, and the European Union Intellectual Property Office (EUIPO), as shown in Figure 3.8. These destinations were followed by Canada, Singapore, India, Japan, the Republic of Korea and Indonesia. Applications by Australians to each of these locations fell in 2023 from their level in 2022, as global growth moderated.
Figure 3.8 Leading destinations for Australian trade mark applications (class count), 2023
Source: WIPO IP Statistics Database
Among ‘high volume’ destinations, only India saw growth in Australian filings abroad, with filings in India recovering from a notable decline in 2022.2
Trade mark applicants can obtain protection for their marks in multiple countries by filing a single international application via the Madrid system. As of 2024, 130 countries were members of the Madrid system, representing more than 80% of world trade. As the system has expanded to cover more countries, the share of Australian classes filed abroad via Madrid has tended to increase, from 45.6% in 2017 to 55.6% in 2023.
- 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.
- Nguyen, K. & Yoo, Y. R. (forthcoming). Evaluating trade marks as a leading economic indicator of the Australian business cycle. IP Australia Analytical Note.
- Reserve Bank of Australia. (2023). Statement on Monetary Policy: November 2023. Statement on Monetary Policy – November 2023 | RBA.
- For more information, see https://www.wipo.int/classifications/nice/en/.
- High volume classes are defined as classes in the top quartile for total number of applications received in 2023.
- 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.
- 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).
- 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.
- High volume locations are defined as those above the mean for total applications received in 2023.
- Beebe, B. & Fromer, J. C. (2020), Fake Trademark Specimens: An Empirical Analysis, 120 Colum. L. Rev. F. (217), 218–20.
- 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.
- Nathan, M. & Russo, A. (2022). Innovative events: Product launches, innovation and firm performance. Research Policy, 51(1), Article 104373.
- 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.
- 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.
- 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.
- 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).
- 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).
- WIPO IP Statistics Database.
- High volume destinations are defined as those in the top quartile of locations for total class filings in 2022.
- WIPO IP Statistics Database.
- High volume destinations are defined as those in the top quartile of locations for total class filings in 2022.