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Writer's pictureKate McAlister

Do you need a lawyer to register a trade mark in United States of America?

The short answer is yes. Foreign applicants seeking trade mark protection in the U.S. must be represented by a U.S.-licensed attorney unless they have a local address.


However, it isn't necessary that you have a US lawyer to file an application in the US - international applications can be filed from outside the United States (such as by Markster). If any issues arise in the US with your application however, you'll need to engage a US-licensed attorney.


This requirement ensures smooth navigation through the complexities of the United States Patent and Trademark Office (USPTO) processes.


For Australian businesses, leveraging professional guidance can be invaluable to ensure your trade mark is protected adequately.


If you're still unsure, reaching out to Markster can help clarify the path forward.


Photo by Isabella Fischer (https://unsplash.com/@izzyfisch_) on Unsplash (https://unsplash.com)

What to know about using a trade mark agent in the United States of America?


A trade mark agent in the United States can facilitate the application process, making it simpler and more efficient.


These agents are particularly skilled at managing intricate legal requirements, such as filing documents, responding to USPTO actions, and maintaining communication with the office on your behalf.


Working with a trade mark agent ensures compliance with local laws and procedures, significantly reducing the risk of errors that could delay or jeopardise your application. If your business maintains an address in Australia without a U.S. domicile, using a trade mark agent is strongly advised.


Your Australian trade mark lawyers can help either by filing the application through a Madrid protocol application, or putting you in touch with good US based lawyers.


Get in touch with Markster to get help with your international trade mark strategy.


How to file a trade mark in the United States of America from Australia


Filing a trade mark application in the United States from Australia can be efficiently managed through the Madrid Protocol. This system allows you to use your Australian trade mark as a basis to seek protection in multiple countries, including the U.S., simplifying the process and reducing costs.


When you use the Madrid Protocol, you submit a single application in one language and pay one set of fees, significantly cutting down administrative complexity.


This benefit is particularly crucial when seeking protection across several international markets.


Consider getting professional assistance from Markster to streamline this process effectively.


If you're interested in registering your trade mark in the US, check out our article on registering a trade mark in the United States.


Why hire a lawyer for a United States of America trade mark?


Engaging a trade mark lawyer offers several benefits that directly impact the success of your application. They bring expertise in handling legal nuances, responding to trademark office actions, and contesting any objections or oppositions. A lawyer can also help ensure your application is strategically aligned with U.S. standards, thus avoiding unnecessary pitfalls.


Their involvement becomes crucial when dealing with rejections or oppositions, where expert navigation through formal responses might be needed.


For tailored assistance, consider contacting Markster to help safeguard your brand.


Can you DIY a trade mark in the United States of America?


While it's technically possible to attempt a do-it-yourself trade mark filing in the USA, it is generally not advisable due to the complexities involved. Missteps at any stage can result in application refusal or loss of rights.


The intricate processes and procedural norms in the U.S. make professional representation almost indispensable, especially for non-residents. Markster can facilitate this process by ensuring your Australian business meets every requirement for a successful trade mark application in the United States.


Essential tips for Australian businesses trademarking in the United States of America


Here are some pivotal tips for Australian businesses: