Applying Trademarks examination process - Myassignmenthelp.Com

Question: Discuss about the Applying Trademarks examination process. Answer: Introduction: A trademark is considered as logo which is used to identify a unique product and service, and good trademark distinguish one business from other business. Sometimes, trade mark is referred as brand and it helps the customers in comparing the quality of products and services of one business from its competitors. It must be noted that, trademark is not only a logo, but it also includes letter, number, word, phrase, sound, smell, shape, logo, picture, movement, aspect of packaging, or combination of these. This paper defines various aspects of trademark registration in Australia for irrigation firm in mining sector. For this purpose, we choose Molecules Ltd as the name of irrigation firm in mining sector. Lastly, paper is concluded with brief conclusion. Design of Trademark: About the business how trademark represents the business: Present business is engaged in manufacturing products which are innovative in nature and work as solution for the issues occurred in irrigation, agriculture and mining sector. Company wants to deal with the mining companies which extract gold and copper, as these companies face severe issue at the time heap leaching cycle. During the period of metal recovery water flows through the same cycle twice a time in a closed cycle, and reused water carry various solid particles/pollutants which ultimately increase the risk of clogging. Products manufactured by Molecules ltd provide functionality of high degree at the time of heap leaching cycle which reduced the chances of clogging in the closed cycle. These products ensure the self-flushing of solid particles and pollutants in the area of filtration by providing high metal recovery to the mining companies. Above stated trademark shows the clear crystal water drop of blue color which signifies the clear water flow at the time heap leaching cycle. Name of the company Molecules means the group of atoms which bonded together and represents the small fundamental unit related to chemical compound that can take part in a chemical reaction. Products delivered by the company contain the molecules which flushed the solid particles without damaging the core product. Color of the trademark is blue which signify oxygen the purest form gases. Eligibility of trademark: Before applying for the trademark, it is necessary that organization ensures the eligibility criteria defined for trademark. For being eligible owner of the trademark must be an individual, company, and incorporated person, and more than one of these if owners are more than one in number. Unincorporated association can also be the owner of trade mark but in case of collective trademark only and body must exists under legislation such as any registered charity. It must be noted that, it is not possible that applicant is a business name or trading name. in other words, applicant should be the owner of the registered business and trade mark must be in the name of the corporation in case it is owned by the corporation but not in the name of the directors or shareholders. It should be in the name of the trustee instead of the name of trust. It must be noted that, owner of the trademark must have intention to use the trademark in relation to the goods and services only which are stated in the application. In case trademark is to be used by a corporate entity which is about to be formed then in that case, owner can assign the trademark to the new body once such body is formed (IP Australia, 2017). In the present case, owner of the Molecules Ltd can apply for trademark because it is a corporate entity which is about to be formed, and later owner can assign the trademark to the new body once such body is formed. When owner applied to the department for registering the trademark, it is necessary that owner must provide the description of goods and services which they intend to use for the purpose of their trade mark. These goods and services must be identified into one or more classes. Products supplied by organization in this case falls under class 7 of classes of goods (IP Australia, 2017). Types of trademark: Generally, trademark is termed as brand and considered as identity. Usually, it is the way to show the customers who you are. Trademark can be a corporate logo, a jingle which person used in the advertisement, name of the business painted on side of truck, signage, or packaging. Trademark can also be a word written in plane or fancy font, phrase, letter, number, logo, picture, aspect of packaging, or any combination of these things. In the present case, trademark used by the owner is the combination of picture and words and owner used this trademark for differentiate its products from other traders (IP Australia, 2017). Process of application for registering the trademark: Once owner is settled that what he consider is an appropriate trademark, and for registering the trademark there are almost three ways through which person can enter the application process. Individual can apply for trademark through online services. Before individual applied for registering the trademark it is better to ensure that in which class of goods and services a trademark will be registered. It is necessary to know the class of goods and services, because owner can make minor changes to the trademark and for one more reason also that goods and services cant be extended once application has been submitted. Once application has been started it is not necessary to complete the application in one session, which means once applicant save the application he/she can return to the form at any time. If applicant has everything, then he must: Pay the filing application fees in context of his application. Application takes time of 10-15 minutes to finish if applicant already prepared to information. Login session of the site will timeout after the one hour of inactivity for the purpose of protecting the privacy of applicant. Browser of the applicant must have JavaScript enabled. Information stated by the applicant in the application regarding the contract address for both the owner and address for service of your trade mark will be make available on the internet once application has been published. If applicant does not have cookies enabled on computer then it might be possible that form does not work properly, applicant make sure your computer's cache is set to refresh every page, every time you view it. Applicant must attach the files which are limited to a maximum of 10MB. Applicant must file the application through these available methods: There are two methods through which applicant can apply for the trademark, and it must be noted that each method meet the different needs, and for this department charge different fees. These methods are stated below: Our pre-application service known as TM Headstart, as these services provides the assessment of the application before applicant officially apply for application by using online services (IP Australia, 2017). Applicant can also opt for standard online application process using online services. Applications filed by applicant must include the following: Name of the applicant, ownership details, and contact details. Representation of the trademark. Description related to goods and services to which trademark will applied. List related to relevant classes of offered goods and services. a translation/transliteration of any part of the trade mark that is in another language. Required fee charged for application (IP Australia, 2017; WIPO, n.d.). Available options if application is not successful: Application submitted by applicant must be in approved form, and after that examination of application will be done. In examination, examiner check whether application is in accordance with the Trade mark Act and no grounds are present for rejecting the application. In case, any deficiency are present in the application then adverse report is issued by the examiner, and such report explains the deficiencies present in the application. After issuing the adverse report, authority waits for the applicants response and if applicant request for reconsideration of application then opportunity is provided to applicant by the registrar to be heard before such application is rejected. Applicant also get the opportunity to remove such deficiencies from the application of trademark, and even after providing the opportunity of reconsideration registrar finds failure of any detailed criteria in the application then registrar rejects the application. In other words, if application was not successful then applicant gets the chance of reconsideration and to remove the deficiencies (IP Australia, 2017). Conclusion: After considering the above facts, it can be said that trade mark is mainly help the individual in protecting their innovations and it helps the customers in comparing the quality of products and services of one business from its competitors. In the present case, irrigation firm is incorporated for the purpose of getting the trade mark of goods and services fall under class 7. References: IP Australia. (2017). Trade mark eligibility. Available at: https://www.ipaustralia.gov.au/trade-marks/understanding-trade-marks/trade-mark-eligibility. Accessed on 18th December 2017. IP Australia, (2017). Trade Marks Classification Search. Available at: https://xeno.ipaustralia.gov.au/tmgns/facelets/tmgoods.xhtml. Accessed on 18th December 2017. IP Australia, (2017). Types of trade marks. Available at: https://www.ipaustralia.gov.au/trade-marks/understanding-trade-marks/types-of-trade-marks. Accessed on 18th December 2017. IP Australia, (2017). How to apply for a trade mark. Available at: https://www.ipaustralia.gov.au/trade-marks/applying-for-a-trade-mark/how-to-apply-for-a-trade-mark. Accessed on 18th December 2017. WIPO. The Trade Mark Guide. Available at: https://www.wipo.int/wipolex/en/text.jsp?file_id=203812#LinkTarget_1424. Accessed on 18th December 2017. IP Australia, (2017). A guide to applying for your trade mark. Available at: https://www.ipaustralia.gov.au/sites/g/files/net856/f/tm_application_guide.pdf. Accessed on 18th December 2017. IP Australia, (2017). Trademarks examination process. Available at: https://www.ipaustralia.gov.au/trade-marks/understanding-trade-marks/trade-marks-examination-process. Accessed on 18th December 2017.