Trade marks are registered on a country-by-country basis. This means that you need to apply for trade mark protection in each country you seek to protect your trade mark. This takes money and effort. For this reason, it is usually better to focus on only those countries in which you are making sales or expect to make sales.
The United States is a big place
However, even if you are not yet actually selling in the United States, it can be a very good idea to apply for a trade mark there. The reason is that United States is a market the size of Europe that can be protected by a single trade mark registration. That is, a significant segment of the worldwide market can be locked up with just one trade mark. Additionally, this will provide a deterrent to would be copiers. Why copy a brand if you know you cannot access the United States?
Are the laws the same?
The laws relating to trade marks in the United States and Australia are largely similar. Of importance for clients to note is that, as in Australia, there is a general prohibition on trade marks that are considered too descriptive (of the goods and services they cover) or trade marks that are too similar to prior registered trade marks.
How Trademarkings can help?
At Trademarkings we routinely assist clients file trade marks into the United States and we have an up to date knowledge of the trade mark system in the United States.
United States government trade mark examiners can be very fastidious and often require very specific descriptions of goods or services, and we have a practical working knowledge in overcoming such objections. We also have United States associates who work with us if required to assist in getting your mark through to registration.