Trademark Applications and Registrations

Trademark applications (and registrations) provide you with resources to protect your business and investment; in realization they will become your best business asset. There is a misconception that registering a company, purchasing the names and registering for tax purposes provides you this 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 treatments.

Questions often arise as to whether to register a trademark. The simple answer is that it is imperative, providing the only form of protection supplies exclusive legal rights to utilize the company trademark for the specific goods and services, both in the offline and online environments; affording the business the capacity to stop others from with the golf irons brand and potentially damaging the reputation of organization.

In respect to a trademark application, numerous aspects surrounding the brand and image of the company can be protected. Such as logos, phrases, taglines, colours, fonts and images. Furthermore, trademarks are registered for particular goods and servicing. The inclusion of a written description of this 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 highlight that trademark applications are country specific. For instance, this means that if you have a trademarked business in New Zealand that currently is trading, or is proposing to trade, in Australia you should protect the company and business conception in australia too. Having rights to 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 entered.

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 be able to 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 instrument. However, objections are rare and the most of trademark applications progress straight through to registration. Your trademark status objected registration is approved, the business will receive certification and approval staying the exclusive user among the specified trademark for the range of goods and services applied for under the application.