Report reflects that creators and makers continue to seek brand protection
IP Australia’s 2025 report highlights key trends in the use of intellectual property (IP) rights in Australia. Trade mark filing patterns reveal a positive turn towards protection of IP rights, fostering innovation and creativity across a variety of business sectors.
A continuing growth in trade mark applications and registrations is reflected in the Australian IP Report 2025, both from domestic and international filers. This indicates an increasing trend of innovation and motivation to protect these IP rights, an important economic indicator based off growing entrepreneurial activity. Below, Emma Waldron and Jonathan Williamson consider the main findings.
Review the trade marks chapter of the Report here.
Key points and figures:
- Continued growth of total trade mark filings, increasing by 2.8% in 2024 from 2023.
- Non-resident filings grew by 9% to a record level. Reductions in US and UK non-resident filings were offset by a boom in trade mark filings from China, which increased by 45.4%.
- Total trade mark registrations grew by 6.6%.
- Slight decrease in domestic applications of 0.9%.
- International trade mark applications by Australian filers fell again by 15.8%.
Trade marks – domestic applicants
Australian residents filed 56.6% of the total 48,582 trade mark applications in Australia. While resident applications fell by 0.9% from 2023, levels remain elevated above pre-pandemic times.
There was an increase in small and medium enterprises (SMEs) in Australia who hold trade marks, rising to 7%, or just over 188,000 registrations.
Classes of goods and services
Like last year, trade marks filed in Australia were concentrated in high-tech manufacturing industries and information-intensive services such as education.
Applicants filed an average of 1.76 classes per application, totalling 151,013 class filings in 2024.
IP Australia’s infographic shows the top five high-volume classes:
Increases in trade mark filings for transport services and for vehicles was also reported, driven by both domestic and international applications.
Domestic applicants filed their largest share of applications in service categories such as advertising and education, followed by technological and electrical apparatus.
For international applicants, trade mark applications fell across several technology-intensive classes. This is reflective of the downturn in United States and United Kingdom-based filings.
Likely attributable to the recent e-commerce boom in China with platforms such as Amazon and Temu, there was significant growth in classes for household or kitchen utensils and containers and furniture. In 2024, 85% of the total growth in filings for household items came from China.
There was continued international applicant growth in classes for clothing, footwear and headgear, non-medicated cosmetics and toiletry preparations, and pharmaceutical and veterinary preparations.
International applications of Australian applicants
There was a decrease in trade mark applications filed abroad by Australian businesses by 15.%. On top of last year’s decrease, there has been a total reduction of 24.5% from the 2021 peak as global growth moderated.
The top destination markets for Australian trade mark filings are:
- New Zealand
- United States
- China
- United Kingdom
- European Union Intellectual Property Office (EUIPO)
While most international applications are filed via the Madrid Protocol, we recommend consulting with a trade mark attorney to discuss your filing strategy. Examination processes, costs and timelines can vary country to country, so it is sometimes more efficient to file the application directly with local trade marks offices via local attorneys. Art & Commerce assists our clients with this process through our network of experienced international trade mark attorneys.
Non-resident applications
Non-residents are solely responsible for the growth in Australia trade mark filings, with applications growing by 8.2%.
The most prominent overseas locations of origin for trade mark applications were:
- China – 13.%;
- United States – 10%;
- UK – 2.6%;
- Germany – 1.6%;
- New Zealand – 1.4%.
China overtook the United States as the greatest overseas applicant in 2024, almost doubling again, growing by 45.4% from 2023 levels.
Following last year’s trend, international applicants are again less likely to apply for Australian registration via the Madrid Protocol, falling by 7% from 2023 levels. Consequently, direct filings from non-residents increased to the highest levels on record, growing by 5.5% to 69,525.
This represents a continued trend away from the Madrid Protocol, with the share of new trade marks in Australia filed via the system falling below 20% for the first time since 2016. This may be due to delays involved with international application and reception by IP Australia.
Direct applications often necessitate more reliance on the expertise of local Australian trade mark attorneys such as Art & Commerce for non-resident applications.
Drawing conclusions
IP Australia’s report of strong trade mark application levels indicates the great opportunistic entrepreneurship in Australia, with start-up activity directed at creating high-growth businesses.[1] As such, domestic applications unsurprisingly remain the majority of total trade mark applications. Trade mark trends are responsive to shifts in domestic demand and economic conditions.[2] Despite tighter financial conditions, many sectors remain resilient.
On the other hand, shifts in international applications reflect global demand and engagement with China-based e-commerce platforms.
The increase in registration of trade mark applications and registration points toward Australian and international applicants gaining greater awareness and recognition of the filing process and importance of protecting valuable IP rights.
How can we assist?
At Art & Commerce, we can assist if you are about to begin launching a new product or service and need assistance to protect your IP Rights, or if you need help responding to an adverse examination report. Please contact us via out IP Concierge or request a free 15 minute meeting to discuss your matter.
Disclaimer
The information in this article is general in nature, does not constitute legal advice and should not be treated as such. You must not rely on this information as an alternative to legal advice from a qualified lawyer.
[1] 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.
[2] P. H. & Webster, E. (2011). Patterns of trademarking activity in Australia [Melbourne Institute Working Paper No. 2/04]. Australian Intellectual Property Journal, 15.