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Brand Applications and Registrations

Trademark applications (and registrations) provide you with numerous to protect your business and investment; in fact they will become your most valuable business asset. There is a misconception that registering a company, purchasing the names and registering for tax purposes provides you with the 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 procedures.

Questions often arise as to whether to register a brand. The simple answer is that it is imperative, providing the only form of protection that gives exclusive legal rights the following the company trademark for that specific goods and services, both in the offline and online environments; affording the business the option 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. Like logos, phrases, taglines, colours, fonts and images. Furthermore, trademarks are registered for particular goods and businesses. 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 the organization 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 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 company and business conception australia wide too. Having rights to your brand, logo and product offerings in New Zealand does not mean that there are the same rights in Australia; a separate trademark 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 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 make use of 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 task. 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 staying the exclusive user with the specified trademark status objected for the range of goods and services inked under the application.