Development Environment

Updated trade marks instruments

IP Australia has updated instruments that relate to the paying of fees, the general filing of documents, and the filing of documents and evidence during opposition and other proceedings.

Trade marks

Published on 07 Aug 2026

  • Trade Marks (Approved Means for Paying a Fee) Determination 2026
  • Trade Marks (Means and Form of Filing Documents and Evidence) (Opposition and Other Proceedings) Instrument 2026
  • Trade Marks (Means and Form of Filing Documents) Instrument 2026

The Registrar of Trade Marks, by way of non-legislative instruments, may:

  • determine the means for filing a document with the Trade Marks Office,
  • give a direction specifying the form in which a document is to be filed,
  • give a direction in relation to the filing of evidence in connection with a matter arising under the Trade Marks Act,
  • determine the means for paying a fee, and
  • determine the formalities requirements in relation to a complete application.

IP Australia has published 3 instruments on our website in preparation for their commencement on 1 September 2026.

The instruments set out the requirements in relation to:

  • the approved and preferred means of paying fees:
    • Trade Marks (Approved Means for Paying a Fee) Determination 2026.
  • the means and form of filing evidence and opposition documents:
    • Trade Marks (Means and Form of Filing Documents and Evidence) (Opposition and Other Proceedings) Instrument 2026.
  • the means and form of filing documents:
    • Trade Marks (Means and Form of Filing Documents) Instrument 2026.

The instruments change the requirements that presently apply in relation to these matters in the following manner:

  • The approved means for paying a fee now includes debit card as an approved means of payment (via Visa or Mastercard) and removes EFTPOS and accounts for selected services as options.
  • The means and form for filing documents in oppositions and other proceedings involves no substantive amendments.
  • The means and form of filing documents instrument updates our mechanism for alternative lodgement where there is an outage in our digital lodgement systems. Our Alternative Lodgement Process involves the use of facsimile (see Declaration for use of emergency fax). Furthermore, we now designate a USB drive as an official physical means for filing.

Copies of the instruments can be found at IP legislation in Australia.

The Trade Marks Manual of Practice and Procedure and the Objective Connect User Guide are available for users if they are uncertain what requirements apply to their situation.

For more information, please email MDB-TechnicalHub@ipaustralia.gov.au.