Brand Applications and Registrations

Trademark applications (and registrations) provide you with numerous to protect your business and investment; in fact they will become your best business asset. There is a misconception that registering a company, purchasing the urls and registering for tax purposes provides you along with legal rights to protect your brand. This just isn’t the case; only a registered trademark can provide you with the legal backing to secure your venture and its future operations.

Questions often arise whether to register a trademark. The simple answer is that it is imperative, providing the only form of protection that gives exclusive legal rights to use the company trademark for the specific goods and services, both in the offline and online environments; affording the business the capability to stop others from using your brand and potentially damaging the reputation of enterprise enterprise.

In respect to a trademark application, numerous aspects surrounding the brand and image of the company can be protected. Like logos, phrases, taglines, colours, fonts and images. Furthermore, trademarks are registered for particular goods and businesses. The inclusion of a written description of your business’ offerings provides the legal specifics of protection. It is important that the range of products and/or services that the business produces is correctly classified into one of the 45 separate categories available.

It is important to focus on that trademark applications are country specific. For instance, this means that assuming you have a trademarked business in New Zealand that is currently trading, or is proposing to trade, in Australia you should protect vehicles and business conception within australia too. Having rights into the brand, logo and product offerings in New Zealand does not mean that you own the same rights in Australia; a separate trademark status objected application must be keyed in.

The process of a trademark application in both mentioned countries is very similar; however, there are longer confirmation times when applying for an Australian based trademark. The trademark application process in both countries are registered on the ‘first to file’ basis, which means that if another business or individual files a trademark application prior to your own, then they may gain the legal rights cord less mouse with the trademark. Once a tool is received, the trademarks office examined the application, searching for any potential issues in the application itself. It is then advertised for what is termed an ‘opposition period’, which enables other to lodge a complaint or objection re the application. However, objections are rare and the majority of trademark applications progress straight through to registration. When the trademark registration is approved, the business will receive certification and approval for the exclusive user for this specified trademark for the range of goods and services sent applications for under the application.