Trademarks are registered on a country-by-country basis. This means that you need to apply for trademark protection in each country you seek to protect your trademark. 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 trademark there. The reason is that the United States is a market the size of Europe that can be protected by a single trademark registration. That is, a significant segment of the worldwide market can be locked up with just one trademark. 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 trademarks 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 trademarks that are considered too descriptive (of the goods and services they cover) or trademarks that are too similar to prior registered trademarks.
How Trademarkings can help?
At Trademarkings we routinely assist clients file trademarks into the United States and we have an up-to-date knowledge of the trademark system in the United States.
United States government trademark examiners can be very fastidious and often require very specific descriptions of goods or services, and we have practical working knowledge in overcoming such objections. We also have dedicated United States attorneys to assist in getting your mark through to registration.