App Names

11-01-2012, 06:34 PM
#1
App Names

Will an app be approved in the App Store if an other app already exists with exactly the same name?
11-01-2012, 08:46 PM
#2
Joined: Dec 2009
Location: Berlin, Germany
Posts: 1,642
if you could registered in in itc in the first place your probably good to go..

but i would think twice about naming your product to closely to a competitors name..

"Angry Birdz" will probably net you alot of trouble

11-02-2012, 08:02 AM
#3
Actually the situation is a little different, I am working on a big project and I am having the trademark pending for my name. Now I noticed that there is an app with exactly my company name, my domain name and with my trademarks name.
11-02-2012, 11:27 AM
#4
Joined: Dec 2009
Location: Berlin, Germany
Posts: 1,642
what a coincident.. your company name and your game name.. well..

time to write apple i guess..

may i ask which game we are talking about?
11-02-2012, 11:47 AM
#5
Quote:
Originally Posted by Capedy_Toni View Post
Actually the situation is a little different, I am working on a big project and I am having the trademark pending for my name. Now I noticed that there is an app with exactly my company name, my domain name and with my trademarks name.
Whoever has that app out there first may have the claim to the trademark under the First Use doctrine:

http://cyber.law.harvard.edu/metasch...omain/tm.htm#4

Might be a good idea to get some legal advice on this.

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11-03-2012, 12:07 AM
#6
Joined: Oct 2012
Location: California
Posts: 92
A problem may be that even if you're eventually granted trademark protection from the PTO, you would still need an attorney to enforce that trademark or at the very least hire an attorney to serve the delinquent party with a demand letter, which means more $$$. Curiously, why would you trademark a name before acquiring the domain name? Also, did you do a google search before filing a trademark application? Have you also been using this name in the market or just file an application? Filing a trademark application in and of itself is not really the same as having trademark protection. Check USPTO online to see if the name you want or even a similar name is being used already if not done so. First use holds a lot of merit, that's why I'm curious where you are in the process vs the other party who clearly has use in a wordwide market on his side.

Last edited by MarcJay; 11-03-2012 at 12:57 AM.
11-03-2012, 11:36 AM
#7
Tony

Something doesn't add up in your story. The only thing I could think of is you filed your own Trademark online without using an attorney. You are entering a world of hurt before you even have your app go live. Do you own the .com for the app name? For me everything is pointing towards finding a new name.

The other option is to simply publish the app using the intended name and see what happens. If you need an awesome Attorney drop me a line.

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Last edited by Syndicated Puzzles; 11-03-2012 at 06:05 PM.
11-07-2012, 12:15 PM
#8
Quote:
Originally Posted by MarcJay View Post
A problem may be that even if you're eventually granted trademark protection from the PTO, you would still need an attorney to enforce that trademark or at the very least hire an attorney to serve the delinquent party with a demand letter, which means more $$$. Curiously, why would you trademark a name before acquiring the domain name? Also, did you do a google search before filing a trademark application? Have you also been using this name in the market or just file an application? Filing a trademark application in and of itself is not really the same as having trademark protection. Check USPTO online to see if the name you want or even a similar name is being used already if not done so. First use holds a lot of merit, that's why I'm curious where you are in the process vs the other party who clearly has use in a wordwide market on his side.
I do own the domain name and yes we did research on the name, the trademark office does check that there is no conflicting brand name out there and we got the trademark granted for apps, software, web etc.
11-07-2012, 12:19 PM
#9
Quote:
Originally Posted by Syndicated Puzzles View Post
Something doesn't add up in your story. The only thing I could think of is you filed your own Trademark online without using an attorney. You are entering a world of hurt before you even have your app go live. Do you own the .com for the app name? For me everything is pointing towards finding a new name.

The other option is to simply publish the app using the intended name and see what happens. If you need an awesome Attorney drop me a line.
I did use a lawyer, I own the domain name, I have the trademark and I own a LLC with the same name...
11-07-2012, 01:27 PM
#10
Joined: Sep 2010
Location: UK
Posts: 1,163
Quote:
Originally Posted by Capedy_Toni View Post
the trademark office does check that there is no conflicting brand name out there
But you said in your first post that there is a conflicting brand name 'out there' - there's an app with the same name in the App Store?