If you own a mobile application or “app,” you should consider filing a trademark application to protect your brand name. There are a wide variety of products and services that are now being offered through apps, so having a trademark will help your consumers distinguish you from the competition. Your trademark for your mobile app does not cover the code or aspects of its functionality. Rather, it consists of the less tangible elements such as your logo, icon, and the name or title of your app.
It is important to work with a trademark lawyer who understands how a mobile application functions because your app may fall within numerous trademark classes. You will need to provide your attorney with a guide for how your mobile app works, including the information that will be downloaded or used by the consumer. It can make a difference in your trademark application whether or not the content is downloaded or simply accessed by the end-user.
According to the United States Patent and Trademark Office’s (USPTO) website, there are a variety of ways to describe goods and services related to mobile apps. For example, you may want to state that your app uses downloadable software and specify the function of the program. Or, you may describe the app as providing entertainment services that are not downloadable but presented by using wireless networks. However you choose to describe your mobile application, it is important to be thorough and accurate to ensure that you are fully protected.
We can review your unique app and help you prepare and file the proper trademark application to protect your mobile application. We can also discuss whether registering your mobile app will be sufficient to protect the non-mobile or web-based version of the same product.
If you need assistance with registering a trademark or help handling opposition to your trademark application, contact the legal team at The Swenson Law Firm to schedule an initial consultation.
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