Plan your international trademark filing strategy for US, Australian and Japanese markets — covering USPTO, IP Australia, JPO, Nice classification and common pitfalls.
A trademark is a registered right in a specific territory — registration in Taiwan does not protect your brand in the US, Australia or Japan. Without registered trademarks in target export markets, Taiwan brands face: Amazon Brand Registry ineligibility, inability to take down listing hijackers, risk of brand squatting (a third party registering your name first), and inability to enforce against counterfeit sellers.
Trademark squatting — competitors registering your brand name in a new market before you — is a material risk for Taiwan brands that build awareness before filing. File trademark applications in your priority markets before or simultaneous with market entry, not after.
File a USPTO application via the Trademark Electronic Application System (TEAS). Use TEAS Plus (USD 250/class) for cost efficiency if your goods/services fit standard TEAS ID Manual descriptions. A trademark application requires: the mark (word, logo or combined), owner details (Taiwan company or individual), goods/services description in Nice Classification, and a specimen showing use (or an Intent to Use declaration if not yet using the mark in commerce).
Taiwan-based applicants can file directly; a US attorney is recommended to navigate office actions. USPTO examination takes 8-12 months. After approval, the mark is published for 30-day opposition. If no opposition, the Certificate of Registration issues within 2 months.
IP Australia's TM Headstart search tool provides a pre-assessment of likelihood of acceptance before filing. File via the IP Australia Online portal: AUD 250/class for standard application. Examination takes approximately 3 months. If accepted, the mark is advertised for a 2-month opposition period. Certificate of registration issues after the opposition period.
Australia uses a first-to-file system. Descriptive marks and marks similar to prior registrations will be rejected. Ensure your mark is distinctive and conduct a thorough clearance search before filing.
Japan Patent Office (JPO) applications require the mark, owner details, Nice Classification for goods/services, and a power of attorney if using a local agent (required for foreign applicants without a Japan address). Filing fee: approximately JPY 12,000 per class. Examination takes 6-12 months.
Japan is particularly important for Taiwan brands targeting Rakuten or Yahoo Shopping — both platforms require domestic trademark registration for brand store features. Japanese consumers also give significant weight to brand authenticity, so a registered trademark supports premium positioning.
The Nice Classification divides goods and services into 45 classes. File in the classes that cover your current products and the adjacent classes where you anticipate expanding. Common classes for Taiwan consumer goods exporters: Class 9 (electronics), Class 11 (lighting, appliances), Class 14 (jewelry), Class 20 (furniture), Class 21 (kitchenware), Class 25 (clothing), Class 28 (toys).
Filing in too many classes increases cost without proportional benefit. Focus on classes directly relevant to your current products plus 1-2 classes for adjacent diversification. Overreaching can trigger official action for non-use (3 years of non-use can render a trademark vulnerable to cancellation in most markets).
Priority filing order for Taiwan consumer goods brands entering all three markets: (1) USPTO — required for Amazon Brand Registry in the US (highest commercial value). (2) JPO — required for Rakuten brand features and brand squatting prevention. (3) IP Australia — important for Woolworths/Coles supplier onboarding and DTC brand protection.
Maintain a trademark renewal calendar: USPTO (Section 8 & 9 declarations, renewals at 5-6 years, 10 years). IP Australia (10-year renewal). JPO (10-year renewal). Missing a renewal deadline causes loss of the registration.
Conduct a thorough USPTO trademark search before entering the US market. If the mark is registered and in use, you may need to rebrand for the US market or license the mark. If the registration appears abandoned or the registrant is not using it, a trademark attorney can advise on cancellation proceedings.
Yes. File in all three markets simultaneously if budget allows — this establishes the earliest priority date in each market and reduces the squatting window. Total filing costs for US + AU + JP in 1 class: approximately USD 800-1,200 in government fees plus attorney costs.
File both if possible. A word mark (brand name only) is broader protection — it covers the name in any font or style. A logo mark covers the specific design. If budget is limited, file the word mark first as it provides wider coverage.
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