The United States Patent and Trademark Office (USPTO) is the United States’s equivalent to IP Australia. It operates with the intention to protect new ideas and promote investments in innovation and creativity across the USA.
The USPTO does not handle copyright claims; this is done by a separate government body - the U.S. Copyright Office at the Library of Congress.
Alongside trademarks, patents, plant breeders rights and design rights, USPTO also handles the registering of integrated circuit layouts and geographical indications within the USA.
The USPTO database, much like the IP Australia database, allows you to search for existing trademarks or patents. These searches should be done before applying for a trademark or patent within the US.
Access to the database is available free of charge regardless of whether or not you reside in the USA.
If you are an Australian seeking to register your IP rights as a trademark in the USA, you can access the USPTO application process through the Madrid Protocol. If you are seeking to file a patent application this must be done through a registered US patent attorney who is chosen in consultation with your Australian patent attorney.
A trade mark can be filed into the USPTO from Australia by making use of the Madrid Protocol (a multinational treaty that Australia is a signatory to). Overseen by the World Intellectual Property Organisation, the Madrid Protocol allows you to apply for trademark rights not only in the USA but with all other member countries globally.
Applying for trademark registration in the USA via the Madrid Protocol can be quite challenging. To ensure smooth processing and that desired outcomes are achieved, it is highly recommended to engage a qualified trade mark attorney to assist.
A patent application can be filed at the USPTO from Australia by first filing an Australian patent application and then, within the required deadlines, filing into the USPTO while claiming the filing date of the earlier Australian application. The USPTO will recognise the filing date of the Australian application as if it was filed in the USA. There is a similar process for designs.
Applying for a US patent is often done by way of first filing an international patent application through the Patent Cooperation Treaty (PCT application). The PCT is administered by the World Intellectual Property Organisation (WIPO). To ensure smooth processing and that desired outcomes are achieved, it is highly recommended to engage a qualified patent attorney to assist.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
