On 7 September 2026, IP Australia updated its trademark examination practice guidance to clarify how evidence of genuine commercial use should be assessed in non-use removal proceedings. For cross-border sellers, the practical message is that merely showing a mark on an international e-commerce platform or proving that a website was accessible from Australia may carry limited weight on its own. Evidence such as Australian-dollar pricing or payment, orders and shipping records to Australian addresses, and marketing directed specifically at Australian consumers is more likely to demonstrate a real commercial connection with the Australian market.
The shift raises the importance of evidence management for overseas brand owners. Businesses relying on e-commerce sales to support Australian registrations should preserve transaction, fulfilment, payment and locally targeted advertising records in a way that forms a consistent timeline. Where the record consists mainly of global website visibility without Australian transactions or market-facing activity, defending a non-use removal action is likely to become more difficult.
