Brand Applications and Registrations

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

Questions often arise on whether to register a logo. The simple answer is that it is imperative, providing the only form of protection providing exclusive legal rights to use the company trademark for that specific goods and services, both in the offline and online environments; affording the business the ability to stop others from the 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. These include 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 protector. 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 readily.

It is important to spotlight that trademark applications are country specific. For instance, this means that assuming you have a trademarked business in New Zealand that currently is trading, or is proposing to trade, in Australia you should protect vehicles and business conception in australia too. Having rights to your brand, logo and product offerings in New Zealand does not mean that you have the same rights in Australia; a separate Trademark Objection Reply Filing online 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 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 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 most of trademark applications progress straight through to registration. The particular trademark registration is approved, the business will receive certification and approval in order to the exclusive user of the specified trademark for the range of goods and services applied for under the application.