Received A Trade Mark Adverse Report From IP Australia? Here Are Your Options (2025 Updated)

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Registering your trade mark is a great way to protect and distinguish your brand’s valuable intellectual property. In 2025, ensuring your trade mark is robustly secured has never been more important as businesses expand into new digital and global markets.

At Sprintlaw, we use the TM Headstart process with our clients before they register a trade mark. TM Headstart is a service offered by IP Australia that provides a preliminary assessment report before publicly filing your trade mark application, enabling you to identify and address any potential issues early on. For more insights into how you can protect your intellectual property, you may also wish to explore our Trade Mark Adverse Report Consult service.

Receiving a Trade Mark Adverse Report from IP Australia in 2025 can be alarming as it indicates that certain aspects of your proposed trade mark may encounter challenges during the formal examination process. Essentially, it means that IP Australia has identified potential conflicts or issues which might require you to consider amending your trade mark or, in extreme cases, undertaking a complete rebrand. You might also find our guide on enhancing your trade mark representation to be useful in refining your proposal.

Our Trade Mark Adverse Report Consult service gives you the chance to discuss the report with our IP specialist lawyer, so you can fully understand your options and take informed next steps.

Understanding The Trade Mark Headstart Process

There are two parts to the TM Headstart Process: Part 1 and Part 2. This process remains a highly effective tool in 2025 for identifying and addressing trade mark issues before they escalate into major hurdles.

Part 1

The first step in the TM Headstart process is to submit a detailed request outlining the specifics of your proposed trade mark to IP Australia. Recent updates have streamlined this process, ensuring quicker turnaround times and more precise feedback.

Within five working days of your submission, you’ll receive an assessment report from a trade mark examiner. This report provides a preliminary evaluation and highlights any potential issues, which we refer to as an Adverse Report.

Upon receiving an Adverse Report, you have five working days to decide whether you’d like to amend your trade mark request—typically via a new trade mark representation—or to proceed with Part 2.

Part 2

Part 2 involves filing your public trade mark application. In 2025, it generally takes around three to four months for IP Australia to process your application and deliver a decision. If your trade mark is accepted, it will then enter an opposition period of approximately two months, during which third parties can challenge your application.

If no oppositions are raised during this period, your trade mark will be successfully registered. The registration is effective as of the Part 2 filing date, marking the official commencement of your trade mark’s protection.

What Is In An Adverse Report?

An Adverse Report details the reasons why your trade mark may encounter difficulties during the formal application process. It outlines potential conflicts with existing trade marks or other issues that could lead to refusal if not addressed.

Your options after receiving an Adverse Report typically include:

Amend your request. This is usually done through a new trade mark representation, allowing you to address the concerns raised in your original submission. Our experienced trade mark lawyers can offer advice on how to modify your proposal to enhance your application’s success.
Proceed to Part 2. An Adverse Report is a preliminary indication of potential issues, not a final decision. You may opt to continue with the formal application despite these warnings.
Withdraw your application. In some cases, it might be more prudent to rebrand, especially if your proposed trade mark does not adequately distinguish your business in the marketplace.

Need Help Deciding Your Next Steps?

If you’ve received an Adverse Report, discussing your options and obtaining expert legal advice can be pivotal. In today’s competitive market, ensuring your trade mark is both distinctive and compliant with current guidelines is essential for securing your brand’s future.

At Sprintlaw, our experienced trade mark team is ready to provide you with personalised advice tailored to the evolving landscape of 2025. Whether you need help revising your trade mark application or want to explore alternative branding strategies, our team will guide you every step of the way. For further guidance on business legal essentials, you might also explore our online business privacy guide or our advice on related legal matters.

As trade mark and intellectual property laws continue to evolve, staying informed and proactive is critical. Whether you’re a start-up, a small business, or an established company, our team at Sprintlaw can assist with everything from trade mark registration to a full review of your intellectual property portfolio. A successful trade mark strategy not only protects your brand today but also secures your competitive advantage for the future.

Don’t let an Adverse Report stand in the way of your trade mark success. Contact our team at Sprintlaw today to book a consultation and secure your brand’s future with confidence.

Embeth Sadie

Embeth is a senior lawyer at Sprintlaw. Having previously practised at a commercial litigation firm, Embeth has a deep understanding of commercial law and how to identify the legal needs of businesses.