Trademark applications (and registrations) provide you with resources 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 names and registering for tax purposes provides you this legal rights to protect your brand. This is simply not 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 to whether to register a logo. 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 that specific goods and services, both in the offline and online environments; affording the business the capability 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. These include logos, phrases, taglines, colours, fonts and images. Furthermore, trademarks are registered for particular goods and services. The inclusion of a written description within the business’ offerings provides the legal specifics of protection. It is important that the range of goods and/or services that corporation 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 happens to be trading, or is proposing to trade, in Australia you should protect vehicles and business conception within australia too. Having rights into the brand, logo and product offerings in New Zealand does not mean that you have the same rights in Australia; a separate trademark application must be wrote.
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 Objection Reply Filing online application prior to your own, then they may gain the legal rights to use 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 job. However, objections are rare and the most of trademark applications progress straight through to registration. When the trademark registration is approved, the business will receive certification and approval in order to the exclusive user of the specified trademark for the plethora of goods and services went for under the application.