Trademark applications (and registrations) provide you with numerous to protect your business and investment; in realization they will become your best business asset. There is a common misconception that registering a company, purchasing the website names and registering for tax purposes provides you along with legal rights to protect your brand. This just isn’t the case; only an authorized trademark can provide you with the legal backing to secure your venture and its future surgical treatments.
Questions often arise on whether to register a trademark. The simple answer is that it is imperative, providing the only form of protection that provides exclusive legal rights unit the company trademark for the specific goods and services, both in the offline and online environments; affording the business the option to stop others from via your brand and potentially damaging the reputation of organization.
In respect to a trademark application, numerous aspects surrounding the brand and image of the company can be protected. Incorporate logos, phrases, taglines, colours, fonts and images. Furthermore, trademarks are registered for particular goods and alternatives. The inclusion of a written description of the business’ offerings provides the legal specifics of policy. It is important that the range of merchandise and/or services that the organization produces is correctly classified into one of the 45 separate categories in existence.
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 currently is trading, or is proposing to trade, in Australia you should protect the company and business conception in australia too. Having rights to the brand, logo and product offerings in New Zealand does not mean that you own the same rights in Australia; a separate trademark application must be added.
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 a questionnaire 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 utilization of. However, objections are rare and the most of trademark applications progress straight through to registration. Your trademark registration is approved, the business will receive certification and approval being the exclusive user of the specified Trademark Objection Reply Filing online for the range of goods and services requested for under the application.