Trademark Applications and Registrations

Trademark applications (and registrations) provide you with the tools to protect your business and investment; in realization they will become your most effective business asset. There the specific misconception that registering a company, purchasing the names and registering for tax purposes provides you with the 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 as to if to register a hallmark. The simple answer is that it is imperative, providing the only form of protection that provides exclusive legal rights added with the company trademark for your specific goods and services, both in the offline and online environments; affording the business the chance to stop others from via your brand and potentially damaging the reputation of the actual.

In respect to a trademark application, numerous aspects surrounding the brand and image of the company can be protected. These include logos, phrases, taglines, colours, fonts and images. Furthermore, trademarks are registered for particular goods and alternatives. The inclusion of a written description of your business’ offerings provides the legal specifics of insurance coverage. 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 spotlight that trademark applications are country specific. For instance, this means that if 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 to the brand, logo and product offerings in New Zealand does not mean that there are the same rights in Australia; a separate trademark objection India 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 utilize 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. Your trademark registration is approved, the business will receive certification and approval in order to the exclusive user for this specified trademark for all the different goods and services requested for under the application.