macOS Do you trademark your app name?

[raison]

I'm in the process of releasing a simple tool to Mac App Store. I cannot afford to trademark my app name at this point.
I searched App Store and couldn't find any other app with the same name I want to name my app, but I found the name trademarked under the US Trademarks Office. Is this something I should worry about now? Should I try to find a name that isn't yet trademarked? Did you trademark your first apps?

 

[casperes1996]

Is the trademark holder currently with a product on the market? Is their product in the same category as yours?

At least in the EU and US trademark registration only gives you "extra" protection. There's also a "trademark commons" (I think that's the name; Not a lawyer). This means that even without registering for a trademark, you do have some protection just by using a name in a commercial sense. Releasing a product or naming your business something legally protects you to a certain extend. Especially once you're established enough that a reasonable effort to search for your product or business would easily reveal you in the market. In fact, first commercial use is stronger than a trademark registration. If I register for a trademark today but don't use it for anything for the next two years, and someone else then comes along, realising I've registered for a name they've been using commercially for three years, they can nullify my trademark even though I'm registered and they're not.

But again, I'm not a lawyer, so don't take this as professional legal advice.
But personally, I'd say don't worry about it. Unless they have a product out in the same category as yours

 

[raison]

Thank you.
Yeah, I've been reading about "unregistered trademark" which is what you might be referring as "trademark commons". As I plan to release it to App Store, it should be enough to prove its release date.

 

[casperes1996]

Yeah, I've been reading about "unregistered trademark" which is what you might be referring as "trademark commons". As I plan to release it to App Store, it should be enough to prove its release date.

Exactly that, yes. I thought I'd heard it referred to as a commons trademark, but definitely the same thing we're talking about .

Cheers

 

[Senor Cuete]

The United States has very strong laws regarding intellectual property. Violating copyrights and trademarks can get you into a lot of trouble, i.e. $$$. Think up a different name for your application.

 

[TiggrToo]

I'm in the process of releasing a simple tool to Mac App Store. I cannot afford to trademark my app name at this point.
I searched App Store and couldn't find any other app with the same name I want to name my app, but I found the name trademarked under the US Trademarks Office. Is this something I should worry about now? Should I try to find a name that isn't yet trademarked? Did you trademark your first apps?

It depends. If I run a company that sells Fake Squirrel Paws and trademark OddFakerys (tm) then I can sue someone who sells Fake Rat Paws, imitation artwork and plastic Bonsai trees if they use the same name.

However if you create a game where the idea is to spot the difference between real and fake works of art and call it OddFakerys then the two business are different enough that you could get away with it.

However if, at the same time I started my business I also created an app - and both app and fakes were parts of my business, then yes, I could probably go after you - and win.

 

[Senor Cuete]

Internet programming forums are a bad place to get legal advice. Bad advice is free and it's worth the price.

 

[DesertNomad]

I paid to register our product's name as a trademark and we have been using it in commerce for nearly 20 years. You have to re-register periodically - I think at 6 and 10 years, but can't recall. The USPTO has the schedule.

 

[robvas]

Are enough people doing to download the app for it to matter?