The first decision from IPONZ for 2026 teaches a very valuable lesson.  In Hemp Beverages Limited v Loaded Drinks Limited, The Commissioner reiterated that if you do not use your registered trade mark you may lose it!  Also, if the stylisation of a word mark is so different to the registered mark that it no longer has the same idea and impression – then use of it does not count as use of the registered trade mark.  Adyasree Sivakumar explains.

The High Court’s decision in Zip Co Limited v Firstmac Limited [2026] HCA 16 is now the leading Australian authority on the honest concurrent use defence in Australia. In this article Zoe Dewhurst explains what this means for future assessments of HCU, and in particular: when honesty should be assessed for the purpose of trade mark infringement; and, what “honest” means for the purpose of the Trade Marks Act 1995.

In this article David Nowak covers the New Zealand High Court judgment Pharmalink International Ltd v Pharmazen Ltd [2025] NZHC 2657 - in which, for the first time, a New Zealand court has expressly adopted and applied the plausibility standard for sufficiency and support under the Patents Act 2013.

The Court ultimately upheld the refusal to grant a patent because the invention was not plausible across the breadth of the claims.  This decision signals clear alignment with UK authority and sets a new, explicit benchmark for future pharmaceutical and biochemical patents.

Recently, the New Zealand Court of Appeal released its judgment Zuru New Zealand Limited v LEGO Juris A/S [2025] NZCA 650. The judgment is a useful authority on the limits of trade mark monopolies when using a competitor’s registered trade mark for the purpose of comparative advertising, including product compatibility claims.

The decision, as it stands, means using a competitor’s trade mark is allowed provided it is done in such a way that is true, accurate, and not misleading. Importantly, the competitor’s trade mark should not be used in a way that consumers would see it as indicating the trade source of the product on which it is used. In this article, Zoe Dewhurst and David Moore provide their summary and takeaways.

The Internet’s naming system is entering a significant new phase. In April 2026, the Internet Corporation for Assigned Names and Numbers (ICANN) will open applications for a fresh round of new generic Top-Level domains (gTLDs). 

This article by Zoe Dewhurst provides an overview of the 2026 ICANN new gTLD round and its opportunities and risks for brand owners.

IP Australia has released a suite of proposed amendments aimed at simplifying intellectual property (IP) regulation, reducing administrative burdens, and aligning Australia’s IP framework with key overseas jurisdictions. The consultation documents and proposed reforms span patents, trade marks, designs, plant breeder’s rights (PBRs), and the regulation of IP attorneys. 

The consultation period is fairly short, open until 2 April 2026. Contact us if you would like our guidance or assistance with making a submission on the future of Australia’s IP landscape.

In this article Zoe Dewhurst sums up the11 March 2026, the High Court of Australia delivered its highly anticipated judgment in Taylor v Killer Queen LLC [2026] HCA 5. The case stems from a long standing dispute between Australian fashion designer Katie Jane Taylor (formerly Katie Perry) and American pop star Katy Perry (Katheryn Hudson). The dispute has become one of the most significant Australian trade mark decisions in recent years.

The High Court ruling clarifies how reputation, confusion, and rectification of the Trade Marks Register are to be assessed under the Trade Marks Act 1995 (TMA). The Court ultimately found in favour of Taylor, overturning the decision to cancel her registered trade mark ordered by the Full Federal Court.

In this article Jesse Strafford recaps the recent Aristocrat (AU) and Emotional Perception (UK) appeal decisions on the patentability of computer-implemented inventions, and considers how these may influence the law on patentability in New Zealand.

Nice Classification Update: Effective 1 January 2026, the 13th Edition of the Nice Classification (NCL 13‑2026) will come into force. This update brings significant reclassifications of goods and services compared to the current 12‑2023 Edition. These changes may affect future TM applications.