Introduction

The following assignment discusses about the logo making and how a company can acquire a logo in the Australia. The chosen assignment is a startup an innovative enterprise. Your enterprise is involved in providing innovative products and solution for irrigation in agriculture and mining sector. The assignment firstly designs the possible logo for the organization with a name of irrigation and miners with the logo that we make everything except the excuse. The assignment discusses about the concept of the trademark and its advantages in the market. it discusses about the reason for the trademark and tagline. It further discusses about different types of the trademark and which is suitable for the company. The assignment discusses about the various steps which is involved in making a trademark and finally discusses about the steps to be done if the application is not successful.  

Discussion 

Trademark for your irrigation firm in
mining sector

The designed trademark represents business 

The trade mark is something which represents the ultimate goals and purpose of the company (Benouniche,  Zwarteveen & Kuper, 2014). Through the trademark the first impression of the company goes on the customer. If the trademark is attractive and contains the proper message which represent the company goals then the customer will view it as a good company and will buy the product. if the logo is dull and do not have a proper message. There will be bad impression on the company even if the company has good production. Thus a good trademark is important to create a good impression (Berry, 2014). Moreover if the company is a startup then it is crucial that the logo of the company should be attractive. In the following assignment which is involved in providing the innovative products and solution for irrigation in agriculture and mining sector. The designed trademark represents a water drop with its company name below “irrigation and miners”. The tagline of the company is “we make everything except the excuse”. The above trademark involves water as the water is the important factor which is considered in this startup. The irrigation main requirement is the water as well as the mining main component is the water therefore the company main motive to design such irrigation and mining tools which utilizes the efficient use of the water. The company also provides solution for the better technique for the irrigation and mining which means efficient use of the water (Gherghina, 2014). The company’s major problems and challenge is to reach the target on the time and deliver the product to the client thus the company tagline is “we make everything except the excuse” which means that the company is more serious in delivering good and efficient products on the time to the customers.

How the company is eligible for the trademark

The trademark is seen as the brand image of the company so if the company has a trademark it means that the company has the desire ad ability to expand (Gotsch & Hipp, 2012). The company in the given assignment is providing innovation tools and solution regarding the irrigation and mining activity thus to create a place in the global market it has to be recognized by the people and to get recognized it should develop its own trademark.   

Various type of trademark

Various type of the trademark is used by the company they are:

The word marks

 In this type of the trade mark there are only one or two words which can be the initials of the company like the company of the MacDonald’s (Milne & Witten, 2013). The word mark is always registered on the standard type face which implies that if the person want to protect certain shape which represent the company he has to apply for the figurative mark.

Logos   

The logos are made to display the hidden message in it like the Amazon or the coca cola or the FedEx where the arrow in the Amazon depicts that they sell everything on their site from A to Z. the word are in the particular font which is either in black or in white color (Trappey & Trappey, 2015).

Colors

The colors is also an important part in making the logo as the color represent the domain in which the company is working upon for example the green color depicts that the company is in agricultural industry. The color can be copyrighted by the company

The taglines

The tagline is an innovation part from the company to attract the customers. The attractive tagline gives good impression on the customers of the company (Jonason, Slomski & Partyka, 2012). The trademark also indicates the domain in which the company is working thus a good tagline gives the edge of the company on others.

For the startup which is given in the assignment the possible trademark should be related to the company is water as the water is the major tool used in both irrigation and mining and its efficient use is the motto of the company (Yingwei, 2013).

Process of application for registration of trademark              

  To be eligible for the trademark there are various criteria which has to be fulfilled to gain a trademark (Domicián & Dékán, 2015). Some of the rules for the trademark are:

The person who is applying for the trademark for the company must be the:

• An individual
• A organization
• An incorporated association

The trademark can be acquired by:

• A company which is not formed into the legal corporation or an an unincorporated association. It is the only for the collective trademark.
• An organization which is formed under the existing legislation. It can be a charity house which is registered in the legislation.

The applicant of the trademark can be:

Should not be a business name or any trading name.

Should be the owner of the organization

Should not be any stakeholder or shareholder of the company or the director

Should be in trustee name rather than the trust name. 

Lastly if the trade mark is to be used by a corporate entity that is about to be formed, you can assign the trade mark to the new body once it has been formed.

Steps if application is not successful

There are various rules and regulation which is applied while taking up the copyright (Marsoof, 2013). Therefore if a person has applied for the trademark and his application fails then there can be various reasons behind the failure of the application:

Firstly it can be possible that he may not be fulfilling certain rules which are required to gain a trademark.

Secondly it is possible that the logo or the tagline he applied for is used by the other county and it is their copyright so that logo cannot be assigned to that company.

Thirdly it can be possible that the company is fraud or may not have the valid documents thus it cannot acquire the logo for it.

 Lastly it may be possible that the company do not have enough finance to buy a logo thus the application will fail.

Therefore if the application fails the above given steps should be analyzed to find the failure of the application.

Conclusion

From the assignment it can be concluded that the trade mark represents the ultimate goals and purpose of the company. The trademark will create the first impression of the company which is reflected on the customer. If the trademark is attractive and contains the proper messages which represent the company goals then the customer will view it as a good company and will buy the product. If the logo is dull and do not have a proper message. The organization in the given assignment is the company which gives innovative products and solution to the customers in the mining and irrigation field. The company trademark is the water drop which represents the company goal and the tagline represent the motto and the objective of the company.

References 

Benouniche, M., Zwarteveen, M., & Kuper, M. (2014). Bricolage as innovation: opening the black box of drip irrigation systems. Irrigation and Drainage, 63(5), 651-658.

Berry, R. (2014). How to Create a Highly Distinctive Trademark: Orienting Patrons to Trademark Policy in Fifteen Minutes.

Domicián, M. Á. T. É., & Dékán, T. (2015). Trademark Applications In A Sectoral Approach. THE ANNALS OF THE UNIVERSITY OF ORADEA, 550.

Gherghina, L. (2014). The importance of image and communication of a brand or trademark positioning. Analele Universitatii'Eftimie Murgu'Resita. Fascicola II. Studii Economice, 83-87.

Gotsch, M., & Hipp, C. (2012). Measurement of innovation activities in the knowledge-intensive services industry: A trademark approach. The Service Industries Journal, 32(13), 2167-2184.

Jonason, P. K., Slomski, S., & Partyka, J. (2012). The Dark Triad at work: How toxic employees get their way. Personality and Individual Differences, 52(3), 449-453.

Marsoof, A. (2013). Online service providers and third party trademark infringement: an Australian perspective. International Journal of Law and Information Technology, 22(2), 75-106.

Milne, D., & Witten, I. H. (2013). An open-source toolkit for mining Wikipedia. Artificial Intelligence, 194, 222-239.

Trappey, C. V., & Trappey, A. J. (2015). Collective intelligence applied to legal e-discovery: A ten-year case study of Australia franchise and trademark litigation. Advanced Engineering Informatics, 29(4), 787-798.

Yingwei, S. (2013). On the Importance of" Use" in Trademark Law from the Legitimacy of the Trademark Rights Protection.