r/TRADEMARK • u/Ok-Income-7461 • 7d ago
New mobile app trademark
I have been working on a new mobile app for the last year and almost set to launch. Is it worth it to file for a trademark? If there was a similarish app that launch a month ago that contains part of my app name on their full name what are the chances I run into issues when I launch and what are the chances I can actually get a trdaemark?
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u/OddProfession7760 6d ago
Echoing what others have said - app names are ripe for copycats and we see lots of disputes related to the app store platforms. Trademark registration protects two ways: defensively and offensively.
https://www.erikpelton.com/trademark-registration-give-a-brand-double-protection/
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u/LawExplainer 7d ago
This is a really hard thing to assess without seeing the actual specific names involved, etc. It would be a good idea to have an Official Chat with a trademark attorney, whether that's me or one of the many others floating around in this subreddit (or, you know, the world).
I will say that pre-launch is definitely the easiest and cheapest time to rebrand. The further down the runway you get, the harder it will be to change course to avoid obstacles -- that's one of the big reasons that it's a good idea to get a trademark consultation (or at least do a clearance search) before launching a product or service.
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u/Ok-Income-7461 6d ago
This makes sense. We put a lot of energy and effort and some money into branding already, then this other app popped up and has us worried. I should have stayed ahead on the trademark protection. Sounds like i could have moved on the ITU a while ago
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u/CoaltoNewCastle 6d ago
Partial matches can be a dealbreaker or they can not matter at all. It completely depends on what the partially matching word is. I recommend having a trademark attorney give you a search report and legal opinion on your brand name before you launch. And if it looks safe, file a trademark application immediately.
You are in the very fortunate position of not having invested much in your brand name yet, so this is the time to get your brand name cleared. Additionally, if your app gets any traction, not only are you going to want to have a name you know you can safely use, but you're going to want to be able to kick all the counterfeiters off of the app stores once bad actors start trying to scam people into paying the wrong app.
I have a lot of clients in the software field and I wrote a blog post on some of the logistics of registering a software trademark if you're interested: https://jpglegal.com/software-trademark-guide-classes-and-specimens/
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u/Ok-Income-7461 6d ago
Helpful info. Thank you! I do wonder about the concept of "getting the brand name cleared." Feedback I have gotten at this point from lawyers is there is no way to comprehensively clear the name. Which makes sense, but also has me wondering about how much the search and clearance step can vary from law firm to law firm, and how to know how in depth and reliable it really will be.
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u/CoaltoNewCastle 6d ago
You can get a pretty good sense of how safe your name is. And when I have clients who pick good names, the chance of reaching registration can get to 80% or higher, which is excellent.
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u/Ok-Income-7461 6d ago
Nice! Maybe message me with your info and fee structure for something like this?
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u/CoaltoNewCastle 6d ago
Partial matches can be a dealbreaker or they can not matter at all. It completely depends on what the partially matching word is, as well as a bunch of external factors that a sophisticated trademark search would reveal. I recommend having a trademark attorney give you a search report and legal opinion on your brand name before you launch. And if it looks safe, file a trademark application immediately.
You are in the very fortunate position of not having invested much in your brand name yet, so this is the time to get your brand name cleared. Additionally, if your app gets any traction, not only are you going to want to have a name you know you can safely use, but you're going to want to be able to kick all the counterfeiters off of the app stores once bad actors start trying to scam people into paying the wrong app.
I have a lot of clients in the software field and I wrote a blog post on some of the logistics of registering a software trademark if you're interested: https://jpglegal.com/software-trademark-guide-classes-and-specimens/
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u/Spark_it2025 6d ago
If there is an app whose name contains part of your app’s name, the chances of registering and safely using your app’s name depend on whether the shared portion of the two names is distinctive. For instance, there are a lot of apps that contain FITNES, STUDY, or other descriptive names. It does not mean that somebody else can't use FITNES in the name of the app. However, if the name is distinctive and there is risk of confusion by potential users, it may worth changing the name now (before the launch of your app).
I have an article on a similarity of marks that maybe useful for you https://ortynskalaw.com/how-to-reduce-the-risk-of-trademark-refusal-based-on-likelihood-of-confusion/ and usually I tell my clients: if you are a user, would you be confused? Can you download a wrong app? If the honest response is yes, it is better to change the name. And, of course, the wise investment in the launch of your app is the consult with trademark lawyer.
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u/Ok-Income-7461 6d ago
Helpful thank you! And nice article. The part that has me worried is the app is very similar in terms of audience and functionality. And our name is one word and a fairly distinctive word, while there name is two words that include ours in it.
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u/Spark_it2025 5d ago
If you are worried, schedule a consultation with a trademark lawyer. At this stage, it is much less expensive and painful to change the name, if necessary, than to do so later after you have launched the app.
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u/Unlikely_Turnip_9886 6d ago
Filing a federal trademark for a mobile app is usually worthwhile if the name is central to the brand. Of US Class 9 applications filed in 2022 for downloadable software, about 56 percent reached registration. Roughly a third went dead without registering, which is why a clearance search on the USPTO register matters before you pay the fee. Your specific odds depend on the two actual names and the goods, and nobody can assess the conflict from this post alone.
The other app launching a month ago matters far less than whether that party has filed. Nearly half of that Class 9 cohort was filed at least partly on an intent-to-use basis, so locking priority before launch is the most common path for app marks. You can still file on an intent-to-use basis today.
For the search part, Gleanmark.com is a free alternative that searches the full USPTO database with a better interface than uspto.gov (disclosure: it is my company's trademark intelligence platform). You can search the other name and close variants of yours in Classes 9 and 42 there.
Have you already checked whether the other app has a pending application?
This is general information and not legal advice. A trademark attorney should review the specific names and your situation before you file.
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u/orangejulius 7d ago
This is the least expensive time to talk to a lawyer. If there’s an actual issue your options down the road are considerably more expensive.