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 best business asset. There is a common misconception that registering a company, purchasing the domain names and registering for tax purposes provides you with the 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 procedures.

Questions often arise on whether to register a trademark. The simple answer is that it is imperative, providing the only form of protection that delivers exclusive legal rights to utilize the company trademark for that 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 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 servicing. The inclusion of a written description within the business’ offerings provides the legal specifics of protector. It is important that the range of merchandise and/or services that the business produces is correctly classified into one of the 45 separate categories available.

It is important to focus on that trademark applications are country specific. For instance, this means that if you have a trademarked business in New Zealand that is actually trading, or is proposing to trade, in Australia you should protect organization and business conception around australia too. Having rights into the brand, logo and product offerings in New Zealand does not mean that you own the same rights in Australia; a separate Trademark Reply Filing Online India 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 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 instrument. However, objections are rare and the most of trademark applications progress straight through to registration. The particular trademark registration is approved, the business will receive certification and approval for the exclusive user with the specified trademark for the plethora of goods and services inked under the application.