Trademark applications (and registrations) provide you with the tools to protect your business and investment; in fact they will become your most valuable business asset. There is a common misconception that registering a company, purchasing the domain 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 treatments.
Questions often arise to whether to register a brand. The simple answer is that it is imperative, providing the only form of protection providing exclusive legal rights the following the company trademark for that specific goods and services, both in the offline and online environments; affording the business the capability to stop others from via 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. Like logos, phrases, taglines, colours, fonts and images. Furthermore, trademarks are registered for particular goods and services. The inclusion of a written description of this business’ offerings provides the legal specifics of policy. It is important that the range of goods and/or services that business produces is correctly classified into one of the 45 separate categories in the market.
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 happens to be trading, or is proposing to trade, in Australia you should protect the emblem and business conception around australia too. Having rights into the brand, logo and product offerings in New Zealand does not mean you have got the same rights in Australia; a separate trademark 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 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 cord less mouse with the Trademark Objection Reply Filing online. 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 majority of trademark applications progress straight through to registration. The actual trademark registration is approved, the business will receive certification and approval being the exclusive user with the specified trademark for the range of goods and services inked under the application.