The very identity of Brisbane’s $158 million international cruise terminal at Pinkenba has been thrown into question for the next century, after its private operator failed to receive exclusive rights to the facility’s name.
A Name Without Protection
The core of the issue surfaced last week when IP Australia, the national body for intellectual property rights, rejected the Port of Brisbane’s application to trademark its brand. An assessor for the agency noted there was not enough evidence to prove that the average Australian was familiar with the brand. This decision came despite the terminal’s prominent branding being in use since it began operating in June 2022. The Port of Brisbane had initially applied to protect two logo variations the following year.
The 99-Year Question
While the trademark refusal has no immediate effect on the terminal’s day-to-day operations, experts suggest it has uncovered a much larger problem tied to the facility’s long-term future. The Port of Brisbane operates the terminal on a 99-year lease from the state government, which is not set to expire until 2109.
According to University of Queensland trademark expert Professor John Swinson, this creates a tricky situation. He explained that without a registered trademark owned by the state, a new operator in 2109 might not be able to use the name “Brisbane International Cruise Terminal.” The outgoing operator, Port of Brisbane Pty Ltd, could potentially own the brand identity, forcing any future operator to buy the name or create a new one from scratch.
Business as Usual, For Now
Professor Swinson, who also serves as an arbitrator for the World Intellectual Property Organisation, clarified that not having a registered trademark does not stop a business from trading. The immediate consequence is that it becomes more difficult for the Port of Brisbane to legally stop other entities from using a similar name or logo. For the thousands of passengers who use the terminal, there will be no change to services.
Port Confident in Resolution
A spokesman for the Port of Brisbane stated that constructive discussions with IP Australia are ongoing. He said the port does not expect any changes to the terminal’s branding and looks forward to registering the trademarks soon. In response to the long-term ownership concerns, the spokesman confirmed that the trademarks would revert to the state at the conclusion of the lease. The original lease agreement, which places the port in private hands until 2109, was announced by the state government in November 2010.
Published Date 21-September-2025