The Trade Marks Sub-area consists of:

• any trade mark dispute, with respect to validity of a trade mark and/or distinguishing goods and services (including in respect of a letter, number, word, phrase, sound, smell, shape, logo, picture and packaging).
• "geographical indication" disputes involving a geographical indication or order term signifying a related attribute of goods.
• an appeal from a decision of the Registrar of Trade Marks.

The NPA practice note sets out the arrangements for the management of intellectual property proceedings:

Other practice notes which may be relevant to this NPA include:

Filing fees for commencing a proceeding in this Sub-area may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.

Parties should consider whether it is necessary to file a Genuine steps statement (Form 16) in certain proceedings in this NPA - see r 8.02 of the Federal Court Rules 2011 (Cth) and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).

1.  Commencing trade marks proceedings

An intellectual property owner can apply to the Court to seek a declaration and a final injunction restraining an infringement under the Trade Marks Act 1995 (Cth). The Court can order damages or at its election an account of profits.

An application can also be brought by a party who seeks to dispute the validity of the registration of a trade mark.

2. Appeals from the Registrar of Trade Marks

A party who wants to appeal from a decision of the Registrar of Trade Marks must within 21 days of the date of the decision, file a Notice of appeal, which must include:

• the date of the decision
• whether the appeal is from the whole or a part of the decision and if only from a part of the decision, details of the part of the decision
• order(s) sought
• grounds relied on in support of each order sought.

For further procedural and case management information you should refer to the Central Practice Note and the Intellectual Property Practice Note.

• Trade Marks Act 1995 (Cth)
• Evidence Act 1995 (Cth)

• 26 Aug 2025: Fanatics, LLC v FanFirm Pty Limited (Final Orders) [2025] FCAFC 112
  APPEAL AND NEW TRIAL – form of orders following appeal – where appellant was partially successful – where costs orders made previously
  Judge: BURLEY, JACKSON AND DOWNES JJ
• 22 Aug 2025: Paige LLC v Sage and Paige Collective Pty Ltd (Costs) [2025] FCA 988
  COSTS – application for indemnity costs – rejection of walk away offers not unreasonable in the circumstances – appellant’s case reasonably and properly arguable –application for indemnity costs dismissed
  Judge: NEEDHAM J
• 19 Aug 2025: Toyota Jidosha Kabushiki Kaisha v Ozi4x4 Pty Ltd (Leave to proceed) [2025] FCA 981
  PRACTICE AND PROCEDURE – first respondent wound up in insolvency under the Corporations Act 2001 (Cth) – winding up order made by Supreme Court of Victoria – applicants applied for leave to proceed against the first respondent under s 471B of the Corporations Act – whether leave ought to be granted – leave to proceed may be granted by this Court…
  Judge: WHEELAHAN J
• 11 Aug 2025: Fanatics, LLC v FanFirm Pty Limited (Costs) [2025] FCAFC 111
  COSTS – whether appropriate to apportion costs according to mixed success – whether costs should follow the event
  Judge: BURLEY, JACKSON AND DOWNES JJ
• 11 Aug 2025: Thomas v Monsoon Group Pty Ltd [2025] FCA 911
  TRADE MARKS – non-use – where the respondent brought a non-use action before the Registrar of Trade Marks (the Registrar) pursuant to s 92(4)(b) of the Trade Marks Act 1995 (Cth) (the Act) – whether to grant the applicant an extension of time to appeal decision of the Registrar’s delegate under r 34.25 of the Federal Court Rules 2011 (Cth) – where …
  Judge: HESPE J
• 11 Jul 2025: Toyota Jidosha Kabushiki Kaisha v OZI4x4 Pty Ltd [2025] FCA 768
  Catchwords: PRACTICE AND PROCEDURE – request by party to issue a subpoena against a non-party foreign corporation and for substituted service of that subpoena outside Australia – proposed recipient a Singapore company – request refused
  Judge: HILL J
• 10 Jul 2025: Paige LLC v Sage and Paige Collective Pty Ltd [2025] FCA 750
  TRADE MARKS – whether composite marks containing the registered mark and other words (Opposed Marks) deceptively similar under s 44 of the Trade Marks Act 1995 (Cth) – whether the appellant’s trade mark acquired a reputation in Australia before the Priority Date and because of that reputation would likely deceive or cause confusion under s 60 of…
  Judge: NEEDHAM J
• 9 Jul 2025: Fanatics, LLC v FanFirm Pty Limited [2025] FCAFC 87
  TRADE MARKS – infringement – s 120 of the Trade Marks Act 1995 (Cth) – use as a trade mark – whether use on information labels is use as a trade mark – whether use on a website is use in relation to goods or use in relation to online retail services – whether goods are of the same description. TRADE MARKS – defences to infringement –…
  Judge: BURLEY, JACKSON AND DOWNES JJ
• 30 Jun 2025: National Cancer Foundation v Registrar of Trade Marks [2025] FCA 711
  TRADE MARKS – appeal from decision of Registrar of Trade Marks to revoke registration of a trade mark – whether requirements in s 84A of the Trade Marks Act 1995 (Cth) (Act) are met – whether there is a basis to be satisfied that the mark should not have been registered – whether mark is deceptively similar to prior registered marks pursuant to s…
  Judge: MCEVOY J
• 13 Jun 2025: Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (No 3) [2025] FCA 624
  COSTS – action alleging trade mark infringement and other causes – cross-claim seeking cancellation of trade marks – respondent and cross-claimant ultimately successful – where parties had varying degrees of success on discrete factual and legal issues – where applicant abandoned some claims mid-trial – whether applicant should pay a portion of…
  Judge: CHARLESWORTH J