Trademark applications (and registrations) provide you with numerous to protect your business and investment; in realization they will become your most dear business asset. There is a type of 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 is simply not the case; only a registered trademark can provide you with the legal backing to secure your venture and its future operations.
Questions often arise on whether to register a trademark. The simple answer is that it is imperative, providing the only form of protection that provides exclusive legal rights the following the company trademark for your 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. 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 the business’ offerings provides the legal specifics of insurance coverage. It is important that the range of goods and/or services that the business produces is correctly classified into one of the 45 separate categories in existence.
It is important to highlight that trademark applications are country specific. For instance, this means that should you have a trademarked business in New Zealand that happens to be trading, or is proposing to trade, in Australia you should protect the brand and business conception nationwide 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 typed.
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 utilize the trademark. Once computer software 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 associated with trademark applications progress straight through to registration. The particular trademark registration is approved, the business will receive certification and approval for the exclusive user among the specified trademark status objected for the range of goods and services inked under the application.