Can I Trademark my App Name

Introduction

Welcome to the world of trademarking your app name! This guide will walk you through what a trademark is and why it’s important, as well as how to register your own.

What is a Trademark?

A trademark is a word, symbol, or design, or combination of words that help identify and distinguish the source of the goods of one party from those of others. A trademark can be a name brand. It can also be a company logo. The purpose of trademarks is to distinguish between similar goods and services in order to prevent consumer confusion regarding their source.

Why get a Trademark

While a trademark may not be necessary for every app, it will help protect your brand and make sure that no one else can use your name.

Trademarking your app’s name will make sure that customers don’t confuse it with another product or company. If they see “Awesome App,” they’ll know that’s what you’re selling, instead of some other developer’s application called Awesome App (or an unrelated product).

Trademark your App Name

You should trademark your app name. It’s an important step to take, and one that you shouldn’t skip. If you don’t, someone else could come along and claim the name of your app as their own—and then they can sue you for infringement (which has happened before). Not only that, but if they do register your trademarked name as their own, it can cost tens of thousands of dollars to change it back to what it was originally.

So why not just go ahead and get a trademark?

• Trademarking costs money; however much depends on whether or not you file through the U.S. Patent Office or through a lawyer (if so, expect more fees).
• It takes about six months for most applications; however, some can take years!
• The Trademark Office recommends against using generic words such as “app” or “game” when filing an application; otherwise, there’s a chance someone else could take them first.

What’s Involved in Trademarking an App Name

• File an application with the USPTO.

You will need to file a trademark application, which includes paying a fee and filling out paperwork with your company information, and detailing why you want to use the name (i.e., what it represents). The website has instructions on how to file, but doing so can be time-consuming and expensive.

• Wait for approval from the USPTO.

Once you have filed your application, it will be reviewed by an examiner who determines whether or not your app name is eligible for trademark protection under U.S law (in short: if it’s too generic or common) as well as whether or not it would cause consumer confusion with other trademarks already in circulation. If these factors are met successfully, then congratulations! Your app name is now officially protected by law!

Where to Register your Trademark

There are four places where you can file for trademark protection:

• The United States Patent and Trademark Office (USPTO)
• Your state’s secretary of state
• Other countries around the world
• Other states in your region of the country

Cost to Register a Trademark

The costs of filing a trademark can vary, depending on the complexity of your application. For example, if you’re seeking federal registration for an app name that contains two words and is not in a foreign language, it will cost $275-$375 to file your application. If you decide to hire an attorney to help with the process, they’ll charge anywhere from $1,000-$1,500. The good news? You can save some money by applying online—it costs $325 instead of $400 or more if you go through the US Patent and Trademark Office (USPTO) paper application process.

You can also save time and money by choosing one of our attorneys who specialize in intellectual property law. They have experience drafting applications based on their client’s needs while also saving them money since they do not charge hourly rates or require retainer agreements before providing services (some firms will require retainer agreements that may exceed six figures).

Why not just File an intent-to-use Application

You should be aware that the USPTO does not issue a registration for an intent-to-use application. You will need to file a statement of use, which is typically filed within six months of receiving your notice of allowance from the USPTO.

In order to file a statement of use, you must have used the mark in commerce and be able to show how you intend to do so in the future. If you are unable to show these things, then they will likely reject your application at this point due to lack of use.

Conclusion

If you are planning on launching a new app, we strongly recommend that you take the time to trademark your app name. This will protect your brand from copycats who try to ride off of your success. We have seen this happen many times and it can be very frustrating for entrepreneurs who work hard on their product or service only to find out someone else stole it from them and started using it as their own!