I am fairly new to running a website as a business and I was wondering if anyone could help me. How do you go about getting a trade mark and what benefits does it give me if I have one. Which is the better option to take getting a TM or a copy right? Also my website is worldwide based so do I need to register a TM in every country?
I think you'll find that this question and has been asked and answered many times before and most of the answers can be found in a search of DP, but what country do you live in, and what are you trying to protect - a "name" trademark/service mark or content of your website? A trademark and copyright are very different. If you are trying to protect a name, are you the first person to use it, for that particular classification? What is your budget? - are you willing to spend thousands of dollars?
I want to protect the name although I am the second person the have used it, but the first person has not got a TM and they are using it for slightly different purposes. I also want to protect the service that I a offering as it is unique. I like in the UK, but as I said before the site in question is targeting a global market. Can you advise me on the correct approach?
Trademark Law is different in the UK vs the US. You will need to apply for an International classification for more global protection. There is something called the "Madrid Protocal" where many countries have agreed to honor trademarks Internationally registered in other countries. Trademarks are granted by classification, which means it will only protect the name from infringement in the same classification. You can register in more than one classification if it applies, although it can become very expensive to do so. You should consult an attorney who specializes in intellectual property rights if you want to proceed with a trademark and further protection. http://www.patent.gov.uk/tm/index.htm
I agree. Definitely consult an attorney. I registered a trade mark without an attorney. It is doable, however, I think it took much longer without. Waiting periods between each step are long, and they send notification by mail only. You can request email. I moved so I missed a deadline causing me to pay an additional fee to keep the process going. Trade Mark and Copy Rights are 2 different things. I am actually in a graduate school for my MBA, and we covered them. I can give the textbook difference later. I successfully register my trade mark, Toure' Lemar. However, I was unsuccessful registering Pham Records due to missing a deadline. I hope this was helpful.