Trademark Applications and Registrations

Trademark applications (and registrations) provide you with the tools to protect your business and investment; in fact they will become your most effective business asset. There is a very common misconception that registering a company, purchasing the domain names and registering for tax purposes provides you along with legal rights to protect your brand. This is simply not the case; only an authorized trademark status objected can provide you with the legal backing to secure your venture and its future methods.

Questions often arise whether to register a hallmark. 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 capability to stop others from via your brand and potentially damaging the reputation of enterprise enterprise.

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 of this business’ offerings provides the legal specifics of a security program. It is important that the range of merchandise and/or services that enterprise produces is correctly classified into one of the 45 separate categories you can get.

It is important to focus on that trademark applications are country specific. For instance, this means that in case you have a trademarked business in New Zealand that is currently trading, or is proposing to trade, in Australia you should protect the company and business conception nationwide too. Having rights towards 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 added.

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 make use of 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 application. 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 for the exclusive user for this specified trademark for the range of goods and services went for under the application.