Essentials
AU$2,150
per filing
- US trademark search
- USPTO application preparation
- Filing & correspondence
- Status updates throughout
+ USPTO fees (US$350/class)
Trademark Filing
US Trademark Registration for Australian Businesses.
Full-service USPTO filing by a California-admitted attorney based in Sydney. Fixed fees and clear communication — in your timezone.
Why Australian businesses need US trademark protection.
If you sell products or services to US customers — whether through an e-commerce store, a SaaS platform, or physical retail — your Australian trademark registration does not protect you in the United States. Trademark rights are territorial. Your IP Australia registration covers Australia. To protect your brand in the US, you need a separate US trademark registration with the United States Patent and Trademark Office (USPTO).
Without US trademark protection, another business could legally use your brand name in the American market. They could register your name as their own US trademark, forcing you to rebrand for the US market entirely. We have seen this happen to Australian businesses — and it is far more expensive to fix after the fact than to register proactively.
A US trademark registration gives you the exclusive legal right to use your mark in connection with your goods or services throughout the United States. It also provides a legal presumption of ownership, the ability to file infringement actions in US federal courts, and the right to use the ® symbol — a powerful deterrent to would-be infringers.
The US trademark registration process.
Fill out our trademark intake form.
Provide your mark details, goods/services description, and business information. Takes about 2 minutes.
We search & advise.
We conduct a comprehensive US trademark search, assess registrability, and advise you on the best filing strategy. 3–5 business days.
We file & manage to registration.
We prepare and file your USPTO application, handle all examiner correspondence, and manage the process through to registration.
Do you need a US attorney to file? Yes — here's why.
Since August 3, 2019, the USPTO has required all foreign-domiciled trademark applicants to be represented by a US-licensed attorney. This is not optional. If you are an Australian individual or business, you cannot file a US trademark application yourself — the USPTO will reject it.
This rule was introduced to reduce fraudulent filings and ensure that applications meet US legal standards. Your US attorney is responsible for verifying your identity, confirming the accuracy of your application, and communicating with the USPTO on your behalf.
As a California State Bar admitted attorney (Bar #354071) based in Sydney, Stephen Drysdale is uniquely positioned to represent Australian businesses before the USPTO. You get the required US legal representation with the convenience of working with someone in your own timezone who understands Australian business.
USPTO filing requirements for foreign applicants.
To file a US trademark application as an Australian business, you will need to provide:
- The trademark itself — this can be a word mark (text only), a design mark (logo), or a combination of both. The type of mark you choose affects the scope of protection.
- A description of goods and/or services — the USPTO requires a specific identification of the goods or services associated with your mark, categorised according to the Nice Classification system.
- The trademark class(es) — each class of goods or services requires a separate filing fee. We help you identify the correct classes for your business.
- A filing basis — either "use in commerce" (if you are already selling in the US) or "intent to use" (if you plan to sell in the US within the next 3 years).
- Applicant details — the legal name and address of the trademark owner, whether that is an individual or a company.
- A specimen of use — if filing on a "use in commerce" basis, you must provide evidence of the mark being used in US commerce (e.g., product packaging, website screenshots showing US sales).
We guide you through every requirement. Our intake form collects the essential information, and we handle the technical preparation of your application to meet USPTO standards.
Madrid Protocol vs direct filing — which is right for you?
Australian businesses have two main paths to register a trademark in the United States:
Direct filing with the USPTO
Filing directly with the USPTO through a US attorney gives you an independent US registration. This is the approach we recommend for most Australian businesses. Benefits include:
- Faster processing — direct applications are often examined more quickly
- Independent registration — your US trademark exists on its own, unaffected by changes to any home registration
- Greater flexibility in describing goods and services to meet USPTO requirements
- Direct communication with the USPTO through your US attorney
Madrid Protocol (international filing through IP Australia)
The Madrid Protocol allows you to file an international trademark application through IP Australia that "designates" the US (and other countries). Benefits include:
- Cost-effective for registering in multiple countries simultaneously
- Single application, single renewal process for all designated countries
- Managed through WIPO (World Intellectual Property Organization)
However, Madrid Protocol filings are dependent on your Australian base registration. If your Australian registration is cancelled within the first five years, your US designation falls with it. Direct filing avoids this risk entirely.
For most Australian businesses focused on the US market, we recommend direct filing. If you are planning to register in three or more countries, the Madrid Protocol may be more cost-effective. We can advise on the best approach during your free consultation.
Fixed-fee pricing. No hourly surprises.
All prices in AUD. USPTO government fees (US$350/class using the ID Manual) are additional.
Complete
AU$2,650
per filing
- Comprehensive trademark search
- Registrability assessment & advice
- USPTO application preparation
- Filing & correspondence
- Responding to examination formalities
- Status updates throughout
+ USPTO fees (US$350/class) · Our most comprehensive trademark protection
Custom
Contact Us
tailored to your needs
- Everything in Complete
- International portfolio strategy
- Priority handling
- Substantive examination responses
- Ongoing monitoring & renewal
- Dedicated account management
Setting up a US company too? Save time by bundling trademark + company formation →
What's included.
- Trademark search report
- USPTO application preparation
- All correspondence with USPTO
- Examination formality responses (Complete & Custom)
- Substantive examination responses (Custom)
What you'll need to provide.
- • Your trademark (word, logo, or both)
- • Description of your goods or services
- • Whether you are currently selling in the US
- • Specimen of use (if already in US commerce)
- • Applicant details (name and address)
US trademark registration costs.
The total cost of US trademark registration includes two components: our professional fees and the USPTO government filing fees.
Our professional fees start at AU$2,150 for the Essentials package and AU$2,650 for the Complete package. These are fixed fees — the price quoted is the price you pay for our legal services. No hourly billing, no surprises.
USPTO government fees are US$350 per class when filing using the ID Manual (the standard approach for most applications). Most Australian businesses file in one or two classes. These fees are paid directly to the USPTO at the time of filing and are non-refundable.
For a typical single-class filing, the total cost is approximately AU$2,150 + US$350 (roughly AU$530) = AU$2,680 total for the Essentials package, or approximately AU$3,180 total for the Complete package.
There are no hidden fees. If your situation requires additional work beyond the scope of your chosen package (for example, an unusually complex office action or a multi-class filing), we will discuss this with you upfront and provide a fixed quote before proceeding.
Timeline: how long does US trademark registration take?
The complete US trademark registration process typically takes 12–18 months from filing to registration. Here is a typical timeline:
- Weeks 1–2: Intake, trademark search, and application preparation
- Week 2–3: Application filed with the USPTO
- Months 4–6: Initial examination by a USPTO examining attorney
- Months 6–9: Office action period (if applicable) — adds 2–3 months. You have 6 months to respond to any examiner concerns
- Months 9–12: Publication for opposition — your mark is published in the Official Gazette for 30 days for opposition, then approximately 60 days (~2–3 months total) for registration if no opposition is filed
- Months 12–18: Registration — if no opposition is filed, your trademark registration is issued by the USPTO
If you file on an "intent to use" basis, there is an additional step: you must submit a Statement of Use (showing the mark in US commerce) before registration is granted. Extensions of time to file the Statement of Use are available.
We keep you informed throughout the process with regular status updates. You will never be left wondering where your application stands.
Trademark classes — choosing the right protection.
The Nice Classification system divides all goods and services into 45 classes (34 for goods, 11 for services). When you register a US trademark, your protection is limited to the specific class(es) you register in.
Choosing the right classes is critical. Register too narrowly, and you may not be protected in areas where your business operates. Register too broadly, and you risk refusal for goods or services you do not actually provide.
Common classes for Australian businesses expanding to the US include:
- Class 9: Software, mobile apps, downloadable content
- Class 25: Clothing, footwear, headgear
- Class 35: Advertising, business management, retail services
- Class 42: SaaS, IT services, software development
- Class 41: Education, entertainment, training services
We will help you identify the correct classes for your business during the trademark search phase. Getting this right from the start avoids costly amendments and refiling later.
Your attorney.
Stephen Drysdale is admitted to the California State Bar (Bar #354071), the Supreme Court of New South Wales, and the High Court of New Zealand. With experience at major law firms and in-house at ZURU, he brings practical, commercial legal expertise to every trademark filing.
- California Bar #354071
- NSW Admitted
- NZ Admitted
Common questions about US trademarks.
Ready to protect your brand in the US?
Start with a free trademark assessment. We'll review your situation and recommend the best approach.
Book a Free Trademark Assessment