For an Australian business, the cost to file a trademark in the United States of America via the Madrid Protocol starts from around 2,825 AUD.
This includes the standard 653 CHF (Swiss Francs) Madrid application fee, the USA's specific fee of 460 CHF, and our professional fees for a standard application in one class.
The cost may fluctuate due to exchange rates, fee changes, the type of trademark, and the number of classes you want to protect.
If you add additional countries to your application, you won't need to pay the Madrid application fee again. Filing in multiple countries makes the Madrid application more cost-effective than filing directly in each country.
To get a precise fee estimate for your trade mark, click here
Key information about trade mark filing in the United States
Popularity: The United States of America ranks # 1 in popularity for Australian businesses filing trademarks abroad.
Filing statistics: The US is the most popular destination for Australian trademark filings, with 14.8% of total applications in 2022.
Language Requirements: English is the official language for trademark applications.
Local agent requirement if filing via the Madrid Protocol: A local agent is not required to file a trademark application in the United States of America via the Madrid Protocol.
Local agent requirement if filing directly: A local agent is required for applicants that aren't domiciled in the USA.
Benefits of Filing a Trademark in the United States
Market Protection: Secure your brand rights in the United States of America's growing technology market, which is valued at $5.2 trillion.
Legal Recourse: Gain the ability to take legal action against infringers in the United States of America's courts.
Business Expansion: Facilitate future business growth in the United States of America, which has a GDP of $21.4 trillion.
Brand Recognition: Establish your brand's presence in the United States of America's market of 331 million consumers.
Why use the Madrid Protocol?
The Madrid Protocol offers several advantages for international trademark registration:
Cost-Effective: File in up to 128 countries with a single application, saving on multiple filing fees.
Simplified Process: Manage your entire international trademark portfolio through one centralized system.
Time-Efficient: Faster processing compared to filing directly in each country, with an average registration time of 12 months.
FAQs about trade mark filing in the United States of America
1. How long does it take to register a trademark in the United States of America?
The process typically takes 10-14 months from the date of filing, but can vary depending on specific circumstances such as office actions or oppositions.
2. What rights does a United States of America trademark provide?
A registered trademark in the United States of America gives you the exclusive right to use, license, and enforce your mark within the country for a period of 10 years, with the option to renew indefinitely.
3. If the application is filed directly and not using the Madrid Protocol, can I file a trademark in the United States of America?
A local address is not required for filing, but you must designate a domestic representative if issues arise.
4. What are the most common reasons for trademark refusal in the United States of America?
The most common reasons for trademark refusal in the United States of America include:
Likelihood of confusion with existing marks
Descriptiveness or genericness
Failure to function as a trademark
5. Do I need to provide evidence of use in America?
Yes, after registration, you will occasionally need to provide evidence of use for your trade mark in the United States to the USPTO.
This is required between years 5 and 6 and between years 9 and 10 following registration, and every 10 years thereafter.
This is done by submitting examples showing how the mark is used in connection with the goods or services listed in your application.
For goods, this could be product packaging or labels. For services, it might include advertisements or marketing materials.
Understanding these potential obstacles can help you create a stronger trademark application.
Trade mark application statistics for Australian businesses filing in the US
Total number of applications in 2022: 7138
Share of total overseas applications by Australian businesses: 14.8%
Change in applications (2021-2022): -11.1%
Not sure if you need an international trademark? Reach out to us here
Next steps
Protecting your brand internationally is crucial for business growth. If you're considering filing a trademark in the United States of America:
Assess your business needs and expansion plans in the US's technology, healthcare, and finance sectors.
Get a detailed fee estimate tailored to your specific trademark and filing strategy.
Consult with a trademark professional to discuss your international strategy and ensure your application meets the US's requirements.
Remember, while cost is an important factor, the long-term value of protecting your brand in key markets often outweighs the initial investment.
Start securing your brand's future in the United States of America today!
Reach out for help with your international trade mark strategy.
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