Brand Applications and Registrations
Trademark applications (and registrations) provide you with several to protect your business and investment; in realization they will become your most worthy business asset. There is a common misconception that registering a company, purchasing the names and registering for tax purposes provides you this 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 methods.
Questions often arise as to if to register a brand. 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 ability to stop others from the 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. Incorporate logos, phrases, taglines, colours, fonts and images. Furthermore, trademarks are registered for particular goods and businesses. The inclusion of a written description within the business’ offerings provides the legal specifics of protection. It is important that the range of products and/or services that enterprise produces is correctly classified into one of the 45 separate categories readily.
It is important to highlight that trademark applications are country specific. For instance, this means that when you’ve got a trademarked business in New Zealand that happens to be trading, or is proposing to trade, in Australia you should protect vehicles and business conception around australia too. Having rights to your brand, logo and product offerings in New Zealand does not mean that there are 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 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 to use 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 job. However, objections are rare and the majority of trademark applications progress straight through to registration. Once the trademark registration is approved, the business will receive certification and approval to be the exclusive user for this specified trademark objection reply filing online for all the different goods and services requested for under the application.
