Should I Trademark the Name of My Mobile App?
With the changing landscape of smartphones and ecommerce, application software (aka Apps) has become a key component to any business. APPs have become means to promote your business through customer access, marketing, and brand awareness. Because Apps have become such an integral aspect of business, business owners are faced with a new question. Should they trademark the name of their App?
Practical Business Considerations
If you are a newly launched business or still a small business, you will have different considerations from an established or medium to large scale business. New or small businesses usually have limited resources and are focused on innovating or growing the business. Let’s assume the App is not the primary or an essential portion of the business. In that case, it might be better for the business to focus their limited resources on obtaining new customers instead of trademarking the mobile app. The argument is that you have to get the customers first and if they are accustomed to using an app, they will continue to use it if you need to rebrand the app. Therefore, the determination as to when you should prioritize trademarking your app will be different for each business owner. However, the why you should trademark your app will remain the same.
Why Should You Trademark the Name of Your Mobile App?
Please remember for the purposes of this discussion we are focusing on the name of the App not the software or features of the App. Those fall under intellectual property law not trademark law. Whereas the name of the mobile app, the app developer, any slogans or taglines, and the unique logos and icons of the App can be used to identify the source of your goods and services. Let’s briefly review a list of benefits of having a trademark in general:
Your trademark will be listed in the United States Patent and Trademark Office (USPTO) database of registered and pending trademarks. This listing services as an official notice to the public and those searching for similar trademarks.
A registered trademark guarantees you the exclusive rights of the trademark and ensures that the trademark is not already being used by another business entity.
Your certificate of federal registration eliminates the need for overwhelming evidence in the case of a lawsuit.
The U.S. trademark registration can be used to file for trademark protection in foreign countries.
You will be able to use federal trademark registration symbol, ®, along with the trademark, which will act as a deterrent to others who may want to use a trademark that is similar to yours.
Your business trademark has legal liability protection against another business entity claiming that you are infringing on a previously registered trademark.
How does that specifically apply to trademarking the name of your mobile App?
Trademarking your App’s name means you will have gone through the process of making sure that name is cleared for use by the USPTO.
During the application to the USPTO for a trademark you will have already researched similar trademarks currently in use. The USPTO will have also verified that the name you selected for the mobile app does not infringe on an existing trademark. By going through that rigorous process, you will have minimized the chance that your trademark will be challenged by some potential competitor. Any potential challenge would be a claim of infringement based on the name being close enough to be considered confusingly because of the similarity to their App name. Such a claim would be devasting if a company already invested a lot of time and money in developing the App and its branding and now rely on the App’s recognition in the marketplace.
2. Receive Maximum Protection from Infringers
One of the wonders of this new age of technology and globalism is a company’s ability to reach countless customers and gain notoriety overnight. It is not uncommon for an App to go viral after being featured on social media or by an influencer. If this happens you App can achieve smashing success overnight. The unfortunate side of this phenomenon is that bad actors will want to take short cuts and copy your App to share or outright steal your success. Not only will they steal your concepts and branding but they have no shame in copying your mobile App’s name as closely as possible. In those situations, having your mobile App’s name and design trademark’s will give you some layer of protection. As stated above by registering with the USPTO you are guaranteed the exclusive rights of the trademark, which comes with the legal right to enforce protection against other businesses infringing upon your trademark.
3. You Have the Ability to Remove Infringing APPs Marketplaces
In situations where another App is infringing on your trademark, you have the right to send a cease-and-desist letter or to file a lawsuit. But you also have the option to remove the infringing App from the marketplace. You can submit your registered trademark to the marketplace as official proof that you have the right to exclusive use of a name to whichever marketplace your APP is available on. In similar situations the APP STORE or any other mobile app marketplace for liability purposes will typically assist you by removing the infringing App from their marketplace.
In our next blog we will discuss the whether you should hire an attorney to help with your trademark application.
If you have any questions regarding trademark law or the federal process used to obtain a trademark, we would be happy to help.