Protecting a Trademark / Idea

[justinmarch]

I want to protect a new website, I have checked and no similar trademarks or company names seem to exist (and I have the .com domain name).
I hope that the new site will be popular and will appeal to users in multiple countries.
How would you advise me to protect the site?
Should I / can I apply for a trademark?
If so what regions should the trademark cover?
Alternatively should I protect the name by going LTD?
Justin

 

[adamzany]

Registering your name as a domain name or company name will not stop a competitor using your name as a trade mark, or trying to register your name as their own trade mark. In fact, if someone else registers your name as a trade mark before you do, they may be able to stop you using your domain name and make you transfer it to them. Rights in a trademark normally go to the first to register, rather than the first to use. So unless you register a trademark, if another party files an application for a conflicting mark, the resulting trade mark registration could be enforced against you.

A trademark registration gives the owner the exclusive right to use the registered trade mark on the goods or services for which it is registered. A registration also gives the owner the right to stop others from using confusingly similar trade marks for their goods or services or for similar goods and services.

The advantages of registration include:

• You have stronger rights to use and protect a registered trade mark.

• An action for infringement of a registered trade mark is easier, quicker, and cheaper than an action for passing off.
• Having a trade mark on the register warns others of your claim to that mark and thereby acts as a deterrent.
• Licensing of a registered trade mark is safer.
• A UK trademark registration can be used as the basis of an International Trademark Registration covering many overseas countries via the Madrid Protocol.

www.trademarkit.co.uk

 

[justinmarch]

Thanks for the info Adam...

So as someone just starting up with an as yet untested idea what would you advise as the first step?

Also what do I need to begin registering a mark, a logo, some time trading via the website...?

Should I register UK first and see how things go?

Justin

 

[ethical PR]

If you want to trademark a brand contact the IPO lots of advice on their website.