Are you ready to apply for Trademark registration for your App?

Coming up with an app can be both exciting and a little scary.

On the one hand, you have a new creation that you want to share with the world. That creation will hopefully provide you with some meaningful income over time.

On the other side of the coin, you worry that one or more people may try to free ride on your idea by marketing a similar App under a similar – or worse – the same name.

To combat the latter possibility from occurring, you want to make sure you have valid trademark rights for your app name. That is where an app trademark attorney comes in quite handy.

He or she can guide you on the steps needed to securely and legally secure trademark rights for your app name.

So, are you ready to make that call today for the legal expertise you need?

Let an App Trademark Attorney Guide You

In considering working with a trademark attorney for apps, remember the following:

  • Naming it – Make sure with the countless apps out there that you come up with a unique name for your brand. This means coming up with a name that is not similar to anything currently on the market. And the name should not be descriptive of the app. (for example if it’s for a photo-editing App don’t name it FIX-A-FOTO). Your trademark attorney can advise you whether the name you have in mind is descriptive or not.  When coming up with your logo to go with the app, put some creativity into that process too. Bear in mind the logo needs to look good even though it will be a tiny icon on a smart phone screen. Once you have selected a name for the App and cleared it through a comprehensive trademark search (and in certain cases also cleared your logo design through a proper design search) you can work with your attorney to draft and file an application for registration of the trademark (and logo) with the USPTO.  You will also need to think about establishing use of the mark. For purposes of establishing rights to the logo and the App name that the USPTO will recognize when evaluating you application to register the mark, you should be sure to have the logo and app name appear on the screen when the App is in use. 
  • Your choice of attorney – The trademark attorney you end up choosing to help you select, search, clear and register your app is important. He or she should have experience in choosing the right trademark name and evaluating the screening searches to determine if the contemplated name is available. Working with an experienced attorney will ordinarily get you much better results than if you tried to do it all on your own. (By way of analogy, you would not want to deliver your own baby if you weren’t a trained physician).  By hiring an experienced TM attorney you have one less concern on your mind. Keep in mind that getting a registered trademark is not something that occurs overnight. You’re likely looking at a year or even longer oftentimes. And there is a big caveat – even if you hire the best TM attorney, there is still no guarantee that the application you file will in the end be approved and become a registered trademark. Your attorney can advocate for you, advise you and argue on your behalf, but the determination whether to register your mark is not decided by your attorney – it’s decided by the United States Patent and Trademark Office.
  • Monitoring your trademark – Last, once you have established rights to your trademark – even if you have successfully registered it - there still could be a few bumps in the road. One or more individuals or companies may attempt to use that name or another one that is all too similar to yours. If this happens, you may not even know about it unless you monitor your trademark. Your trademark attorney can advise you about monitoring so that you can put an appropriate monitoring program in place. And if someone is infringing your mark, you should not stand idly by. Discuss your trademark enforcement options with your trademark attorney.

Should you obtain a registered trademark for your app it may help smooth your road to success !

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