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Australia and New Zealand Tighten Scrutiny of Intent to Use in Digital Classes

Practice signals in early August 2026 point to closer scrutiny in Australia and New Zealand of defensive trademark stockpiling and cross-border bad-faith filings. In opposition, non-use cancellation and related examination contexts, the commercial basis for broad specifications is becoming a more sensitive issue, particularly in Nice Classes 9, 35 and 41, where digital-economy filings can easily extend well beyond a business's near-term activities.

For overseas applicants, expansive coverage unsupported by contemporaneous evidence of local market plans, product or service preparation, distribution arrangements or other concrete steps may create greater vulnerability in examination and later disputes. The development is better treated as a tightening practice trend than as a single new rule. Applicants targeting Australia and New Zealand should align specifications more closely with credible commercial plans and preserve records that can demonstrate a genuine intention to use the mark if challenged.

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