Trade Marks Regulations 1995
Statutory Rules No. 341, 1995
made under the
Trade Marks Act 1995
Compilation No. 53
Compilation date: 18 December 2025
Includes amendments: F2025L01380
About this compilation
This compilation
This is a compilation of the Trade Marks Regulations 1995 that shows the text of the law as amended and in force on 18 December 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1.1 Name of regulations
Part 2—Interpretation
2.1 Interpretation
2.2 Period expressed in months
2.3 Giving of documents by Registrar
Part 3—Trade marks and trade mark rights
3.1 Classification of goods and services
3.2 Period in which action for infringement may be brought
Part 3A—Assisted filing service
Division 1—General
3A.1 Purpose of Part
Division 2—Request for filing assistance
3A.3 Request for filing assistance—form of request
3A.4 AFS request—assessment by Registrar
3A.5 AFS request—formal requirements for amendment or proceeding to Part 4 application
3A.6 AFS request—application for extension of time
3A.7 AFS request—grant of extension of time
Part 4—Application for registration
4.1 Applications—approved form
4.2 Application in approved form—requirements for filing
4.2AA Divisional application—additional requirement for filing
4.2A AFS request submitted as application—requirements for filing
4.3 Representation of trade marks
4.4 Specification of goods and/or services
4.5 Period for claiming priority for an application
4.6 How to claim priority
4.7 Publication of particulars of application
4.8 Examination of application—report to applicant
4.9 Examination—applicant’s response to report
4.10 Examination—further report to applicant
4.11 Examination—additional requirements
4.11A Publication of decision
4.12 Periods after which applications…
Overview
The Trade Marks Regulations 1995 were enacted to provide detailed procedural and administrative requirements under the Trade Marks Act 1995. The Regulations were made by the Governor-General under section 230 of the Trade Marks Act 1995 and aim to streamline and formalise the application process for trade mark registration, opposition, and related proceedings. These Regulations complement the primary Act by establishing specific rules and guidelines for the administration of trade marks, ensuring that the legislative framework is effectively implemented and enforced. The Trade Marks Regulations 1995 were designed to address the need for a comprehensive and accessible set of rules that could assist both applicants and the Trade Marks Office in navigating the complexities of trade mark law. The enactment of these Regulations aimed to enhance the efficiency and consistency of the trade mark registration process, while also providing clear procedures for dealing with oppositions, amendments, and other related matters.
Scope and Application
The Trade Marks Regulations 1995, made under the Trade Marks Act 1995, provide detailed rules for the administration of trade marks in Australia, including processes for registration, opposition, and cancellation of trade marks, as well as the administration of trade mark attorneys. These regulations apply to individuals and entities seeking to register, oppose, or otherwise deal with trade marks in Australia, including those with international trade mark applications under the Madrid Protocol. They govern the classification of goods and services, the requirements for trade mark applications, and the procedures for hearings and decisions related to trade mark disputes. The regulations also address the recording of claims to interests in trade marks, the assignment and transmission of trade marks, and the importation of goods infringing Australian trade marks. Certain provisions are modified for application to Norfolk Island, Christmas Island, and the Cocos (Keeling) Islands. Amendments to the regulations are made through subordinate legislation, which can alter application and enforcement details without changing the primary Act. The regulations cover all trade mark-related activities and proceedings within Australia, including those that may involve international trade mark filings and oppositions, and they establish specific fees and procedural requirements for these activities. Exclusions and exemptions are minimal, focusing primarily on ensuring the efficient and effective administration of trade mark law within the Commonwealth of Australia.
Key Provisions
- The Trade Marks Regulations 1995, as amended, set out the requirements for the registration, protection, and enforcement of trade marks in Australia. They establish the forms and content for applications to register trade marks, the process for examining and approving applications, and the mechanisms for handling oppositions and amendments to applications. The Regulations also cover the classification of goods and services for trade mark purposes, the grounds for rejecting or cancelling trade mark registrations, and the procedures for handling international registrations and oppositions. Key provisions include the requirement for applications to be in an approved form and to include a representation of the trade mark, details of the goods and services it covers, and the necessary fees (regulations 4.1, 4.3, 4.4). They also detail the process for examining applications and providing reports to applicants (regulations 4.8, 4.10, 4.11). Oppositions to registrations must be filed within specific periods, with certain documents and evidence required (regulations 5.5, 5.6, 5.7). The Regulations provide for the publication of trade mark applications and decisions on those applications (regulations 4.7, 4.11A). They also outline the circumstances in which trade mark registrations can be removed from the Register, either due to non-use or other reasons (regulations 9.1, 9.18). Furthermore, the Regulations cover the operation of an assisted filing service to help applicants understand the registration process and requirements (Part 3A). In terms of obligations, applicants must ensure their applications meet the formal and substantive requirements set out in the Regulations, including providing clear and accurate representations of the trade marks and specifying the goods and services they cover (regulations 4.3, 4.4). They must also respond to any reports or decisions from the Registrar regarding their applications, and may need to provide additional information or amend their applications to address any issues raised (regulations 4.8, 4.10). Those opposing a registration must file their notices and evidence within the prescribed periods and in the proper form (regulations 5.5, 5.6). The Registrar has obligations to assess applications, examine them for registrability, and communicate decisions to applicants and opponents (regulations 4.4, 4.8, 4.11). For breaches of the Regulations, the Act provides for both civil and criminal penalties. Civil penalties can include injunctions to prevent infringement, damages for losses caused by infringement, and orders for the delivery up or destruction of infringing goods (section 122 of the Act). Criminal penalties apply for more serious offences, such as filing a false or misleading application knowingly, with maximum penalties including fines of up to $22,200 and/or imprisonment for up to 2 years (section 235 of the Act). Specific offences under the Regulations themselves can also attract penalties, with maximum fines of up to $5,550 and/or imprisonment for up to 6 months for offences such as providing false or misleading information in an application (regulation 21.10). Failure to comply with certain procedural requirements, like filing deadlines or providing necessary documents, can also result in administrative consequences such as the dismissal of an application or opposition (regulations 4.12, 5.12).
- Area of Law
- Intellectual Property Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Transitional Provisions
- Civil Penalty Provisions
- Enforcement Powers
- Licensing & Registration
- Opposition to Registration
- Hearing of Oppositions