Trademark Applications and Registrations

Trademark applications (and registrations) provide you with resources to protect your business and investment; in realization they will become your most worthy business asset. There is a common misconception that registering a company, purchasing the urls and registering for tax purposes provides you that isn’t 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 whether to register a logo. The simple answer is that it is imperative, providing the only form of protection that provides exclusive legal rights to use the company trademark for your specific goods and services, both in the offline and online environments; affording the business the capacity 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. Insurance policies logos, phrases, taglines, colours, fonts and images. Furthermore, trademarks are registered for particular goods and suppliers. The inclusion of a written description within the business’ offerings provides the legal specifics of protection. It is important that the range of products 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 if you have a trademarked business in New Zealand that currently is trading, or is proposing to trade, in Australia you should protect the emblem and business conception around australia too. Having rights on the brand, logo and product offerings in New Zealand does not mean that you own 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 use the trademark. Once a questionnaire 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 associated with trademark objection online reply filing India applications progress straight through to registration. The particular trademark registration is approved, the business will receive certification and approval being the exclusive user for this specified trademark for the plethora of goods and services inked under the application.

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