TRADEMARK COUNTRIES
Trademark Registration
United States
The U.S. economy is the world's largest national economy and market for foreign goods and services. Entering the U.S. market is as much of a challenge as it is an exciting opportunity to grow your business. Registering your trade mark with the United States Patent and Trademark Office (USPTO) is a crucial first step to building a strong foundation for growth and success.
Why Register Your Trade Mark in the U.S.?
A U.S. trade mark registration gives you:
- Exclusive rights to use your brand for your registered goods or services in the U.S.
- The legal tools to stop copycats and counterfeiters in the U.S.
- The ability to take action in U.S. Courts to enforce your rights.
- Border protection by recording your trade mark with U.S. Customs to stop counterfeit imports.
- The right to use the ® symbol within the U.S., showing that your brand is officially protected.
In short, a U.S. trade mark registration is one of the most valuable assets your business can own.
How the Process Works
We guide you through every step of the Australian trade mark process:
- Search & Advice – We check if your brand can be registered and is clear to use in the U.S.
- Application Filing – We prepare and lodge your application with the USPTO.
- Examination & Publication – We manage status updates, examiner reports, objections, and possible oppositions.
- Registration – We provide you with the USPTO trade mark registration certificate and advise you on proper trade mark use.
- Renewal – We remind you when maintenance filings and renewal fees are due.
- Ongoing Support – Through our local U.S. Trademarks Attorney, we ensure timely filings and receive all official correspondence on your behalf.
What You Should Know
- Filing Basis: U.S. trade mark applicants require a basis to file a trade mark application, either actual or intended use of your trade mark or a corresponding foreign trade mark.
- Maintenance: While you don’t need to show use when filing, you must file Section 8 maintenance filings with the USPTO every few years to prove to the USPTO that your trade mark in in genuine use for all registered goods and services. Failure to timely file a Section 8 Declaration can lead to additional late fees or loss of your registration.
- Strict examination rules: The USPTO carefully examines trade mark applications to avoid confusion with existing U.S. trade marks. Through clearance searches are recommended before filing a trade mark application.
- Foreign applicants: If you are outside of the U.S., you must appoint a licensed U.S. Attorney to represent you before the USPTO.
- Amazon Brand Registry: A U.S. trade mark allows you to enrol in the Amazon Brand Registry, giving you powerful brand protection tools on the largest online retailer platform.
Why Work With Us
We specialise in helping businesses protect their brands internationally, including in the United States. From the initial clearance searches to maintenance filings and long-term brand strategy, we make the process clear, efficient, and strategic so you can focus on growing your business with confidence.
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