Why Trade Marks Matter More Than Ever: Key Takeaways from the Australian IP Report 2026

Author: Taylah Wright, Progressive Legal

The Australian IP Report 2026 confirms what many business owners are already experiencing: brands are becoming one of a company’s most valuable assets. 

Australia recorded a record 97,345 new trade mark applications in 2025, up 13.3% on the previous year, with registrations also reaching an all-time high. This increase reflects growing competition for brand ownership and highlights the importance of securing trade mark protection early. 

Australia recorded a record 97,345 new trade mark applications in 2025, up 13.3% on the previous year, with registrations also reaching an all-time high. This increase reflects growing competition for brand ownership and highlights the importance of securing trade mark protection early. 

One of the report’s most compelling findings is that businesses with a registered trade mark significantly outperform comparable businesses without one. After their first trade mark registration, Australian businesses recorded on average: 

• 78% higher income;
   

• 16% higher labour productivity; and
   

• Revenue benefits that continued for up to six years after registration 

The report also points to increasing pressure on the trade mark register. Applications from overseas businesses continue to surge, with Chinese-origin trade mark filings in Australia increasing by 144%, which is now Australia’s largest overseas source of trade mark applications. Australia received filings from a record 138 jurisdictions in 2025, the most locations recorded in over a decade. 

At the same time, e-commerce platforms are making trade mark ownership more important than ever. Programs such as Amazon Brand Registry require sellers to hold a registered or pending trade mark, making brand protection a commercial necessity rather than simply a legal safeguard.

The message for SMEs? 

A trade mark is no longer just about preventing competitors from copying your brand. It is also seen as: 

• A business growth asset; 
   

• A tool for scaling and market expansion; 
   

• A signal of commercial credibility; and
   

• A critical part of risk management and brand protection. 

As trade mark registrations continue to rise and competition intensifies, businesses that conduct clearance searches and register their brands early will be in a stronger position to grow and protect their market share. 

Our experienced IP team at Progressive Legal can help you secure, protect and enforce your trade mark rights with confidence. 

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