Trademark applications (and registrations) provide you with resources to protect your business and investment; in fact they will become your best business asset. There is a very common misconception that registering a company, purchasing the fields and registering for tax purposes provides you that isn’t legal rights to protect your brand. This is simply not the case; only a registered trademark can provide you with the legal backing to secure your venture and its future treatments.
Questions often arise to whether to register a brand. The simple answer is that it is imperative, providing the only form of protection that delivers exclusive legal rights the following the company trademark for your specific goods and services, both in the offline and online environments; affording the business the capability to stop others from together with your brand and potentially damaging the reputation of the business.
In respect to a trademark application, numerous aspects surrounding the brand and image of the company can be protected. Insurance policies 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 business produces is correctly classified into one of the 45 separate categories available.
It is important to highlight that trademark applications are country specific. For instance, this means that assuming you have a trademarked business in New Zealand that is already trading, or is proposing to trade, in Australia you should protect vehicles and business conception within australia too. Having rights on the brand, logo and product offerings in New Zealand does not mean which you have the same rights in Australia; a separate trademark application must be entered.
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 a ‘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 to be able to the trademark. Once an application 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 associated with Trademark Objection Reply Filing online applications progress straight through to registration. Once the trademark registration is approved, the business will receive certification and approval to be the exclusive user with the specified trademark for the range of goods and services sent applications for under the application.