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Should I trademark the name of my mobile app?

Why trademark my mobile app?

A Mobile App is an application built by you and sold on a smartphone platform to smartphone users. Most of them are available for download in the Google Play Store and Apple App Store. Each of these mobile applications has its own uniqueness like Soundcloud, Spotify, Waze, Uber, Lyft, Instagram and more.

Each person or a group of persons develop their mobile applications with certain novelty. Trademark registration allows the developers of mobile applications to have legal authority over their usage of the mobile app name and/or logo. The registration of the mobile application as a trademark can be done by filing an application before the USPTO. Having a registered mobile application as a trademark has the following benefits:

  • Prevent others from developing a mobile applications using a similar name as their own trademark.
  • You gain national ownership for your mobile application name or logo.
  • You can assign the Trademark Rights to any assignee.
  • You can launch your mobile applications safely in Google PlayStore and Apple App Store.
  • You can avoid and prevent the chance of infringement of other mobile application trademarks.
  • You can initiate a lawsuit and be entitled to statutory damages and attorney’s fees. 

What are the things that I should consider before registering my app as a trademark?

There are certain criteria to qualify your mobile application for registering as a trademark. Prior to registering your application as a trademark, it is recommended for you to check the following details:

  • Ensure that you have not copied the program or software of any other’s mobile applications and their overall appearances.
  • Try to develop a unique mobile application that is non-existent in the market and mobile phones.
  • Ensure that the name and logo of your mobile application are unique to the world.
  • Visit the TESS trademark databases for researching whether a similar mobile application name is already registered.
  • Visit various websites to see if a similar mobile application name is already being used in common law.
  • Don’t announce the name until the name gets registered as a trademark in the Supplemental or Principal Register.

How to register my mobile application as a trademark?

To register your mobile application as a trademark, you can follow the following tips:

  • Go to the USPTO and visit the Trademark Electronic Application System (TEAS).
  • Decide in which class is your mobile application. Usually, it is Class 9 or 42 for mobile applications.
  • Provide a detailed description of your mobile application and the name of the mark.
  • Provide a detailed description of the Applicant and the applicant’s address.
  • Pay the prescribed fees while applying before the USPTO. (Now $350 per class of goods or services)
  • Wait for a couple of months to know the outcome of your trademark registration application.
  • To track your application progress, simply visit the Trademark Status and Document Retrieval (TSDR) of the United States Patent and Trademark Office’s website.
  • Answer any Office Actions from the trademark examiner. 
  • Respond to any oppositions.
  • Receive a registered mark.

If your mobile is not ready, or you are just getting started, stake your claim to the name today by filing an “intent to use” app. With an intent to use application, you can extend the application to up to 4 years before you have to show use. 

Conclusion

In this technologically advanced world, the launch of mobile applications is increasing at a rapid pace. Getting a proper trademark for any newly launched mobile application will help you to have legal protection for your application’s brand identity in the app marketplaces. 

Let Karana IP get you from Application ™ to Registered Trademark ®.

If you have a new brand to protect, Karana IP has the ability to help you choose, protect, and enforce trademarks under state and federal law. Contact Karana IP Law, LLC, today if you have questions about the selection, registration, protection, or enforcement of your mark. If you would like to begin the trademark registration process, please submit a trademark intake form and Karana IP will contact you within 24 hours.

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