Applying for a trade mark in the US
The United States of America (US) is the world’s largest economy, with a population of over 325 million people.
It’s Australia’s third largest two-way trading partner in goods and services (after China and Japan). Our main exports to the US include beef, aeronautical equipment, meat and alcoholic beverages.
If you’re thinking about expanding your business and entering the US market, it’s important to understand how to protect your brand while you’re there.
The US is a huge opportunity for businesses and having the legal right to protect your brand can be your most valuable marketing tool. One aspect of protecting a brand is through trade mark registration. Your trade mark is the way you show your customers who you are. The more successful your business, the more valuable your trade mark becomes.
When it comes to protecting your trade mark in the US, there are two ways to register:
- you can work with an attorney who is licensed to practice law in the US to apply directly to the United States Patent and Trademark Office (USPTO), or
- you can apply using the Madrid Protocol - an international registration system, which offers trade mark owners the possibility to protect their trade marks in multiple markets by filing one application.
Use the navigation menus to find out more about each of the options, including how to apply, how much it costs, what happens after you submit an application, and how to manage your trade mark in the US.
You can find out more about the US market, including snapshots of each region and business culture, on the Austrade website.
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You can also view the full transcript for this video.
Disclaimer: The views expressed in this video do not necessarily reflect the views and policies of IP Australia and are not intended to be taken as advice. We accept no responsibility for the accuracy or completeness of the views or information posted and we disclaim all liability from those views that may be occasioned directly or indirectly through the use of, or reliance, on those views and information.
Ready for a trade mark in the US?
This checklist will help get everything ready to apply for a US trade mark. If you’re using a trade mark attorney this may also brief them on your requirements.