Advantages of a U.S. Trademark Registration for Australian Businesses

By Josh Gerben, Esq.

If you are an Australian business owner currently considering applying for American trademark registration, you likely already have an idea of the myriad of benefits that a US trademark can provide you. Not only will the value of your trademark grow in correlation to your newly expanded business within the United States, but the registration will offer you irreplaceable protection against potential infringement. If, however, you are still on the fence about submitting an application for an American trademark, let’s take a closer look at some of the primary advantages that a US registration can offer an Australian company. Learn how to register a US trademark as an Australian business owner here.

Trademarks Protect Against Infringement

One of the primary motivations for obtaining any trademark registration is protection–if a third party uses an element of your branding, whether it be willful or unintentional, it will cause harm to your business because that aspect is no longer under your control. This can also cause consumer confusion in the marketplace, especially if a similar name, logo, or branding is being used for overlapping goods or services in related industries. However, one of the benefits of owning a trademark registration is that they can deter this infringement from occurring, and this is especially important as a foreign-domiciled business looking to break into the American market. Furthermore, if enforcement matters are needed, having proof of American trademark ownership can greatly work in your favor.

Additionally, US trademarks are valid nationwide, which means that one registration safeguards your products throughout all fifty states. This is significant for international businesses who may conduct a majority of their American sales virtually; as the online marketplace continuously expands its vast reach, it is increasingly crucial for consumers to be able to differentiate between the products they are purchasing. Having a distinctive trademark in Australia, the United States, and on the Internet is imperative when preventing customer confusion and continuing to protect your brand.

Trademarks Are Valuable Assets

The advantageous value of a trademark as an intangible asset and integral element of your company’s branding is unmatched. As your company has grown within Australia, the purchase of materials and production of goods have been essential, functional investments for the business. Trademarks can also be just as important investments; in fact, they are expenditures in which you will certainly see a return. Regardless of the country of the registration, your business’s reputation is tightly interwoven in your trademarked branding as well, capturing consumer goodwill and name recognition.

In addition to protecting against infringement, acting as a deterrent for competitors in your industry, and highlighting the essence of your company, trademarks can also become a long term investment tool for the future. Should you wish to involve outside investors or perhaps sell your company down the road, intellectual property portfolios are highly valued facets of both investment opportunities and business transactions.

For more information on becoming a registered trademark owner, Gerben IP offers flat fee U.S. trademark registration services for clients in Australian and around the world.

American Trademarks & International Trademarks

Lastly, one of the major advantages that trademark registration can provide is that they are able to be expanded into foreign registrations. If you already own an Australian trademark, you can use that registration as the filing basis for an American application for the same mark. In doing so, you are able to simply broaden the strength you have already acquired in your Australian registration and grow your business internationally. To learn more about the benefits of registering your trademark internationally, click here.

If you do not already own an Australian trademark, there are alternative filing bases available. Once your trademark has been officially registered in the United States, you are able to use it as a springboard for registrations in other countries. The priority date cited within your American registration can also be retained in your other international registrations. Ensuring that the legal protections afforded to your business are just as comprehensive as the products and service offerings themselves is essential to growing your business internationally.

Overall, additions to your company’s intellectual property portfolio are wise investments, especially if those new registrations help to expand your business across country borders. As an Australian business, breaking into the expansive US marketplace may be a daunting task, but less so when you are prepared with the legal protection and nationwide validity that trademark registration provides. The USPTO requires that all foreign-domiciled applications are represented by an American attorney, so if you are ready to get started on filing your new trademark application, please reach out to an attorney at Gerben IP for a free consultation and further discussion.

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Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.