Trademarking Your App – What You Should Know
If you can think of it, there are probably multiple apps already available; Apps are everywhere!
Apps are popular because they offer specialized convenience and unique digital interactions. Whatever the focus of your new app, you know you are entering a very crowded market.
How do you stand out in such a large crowd?
How do you protect your creative intellectual property?
Where can you find help and resources?
We answer these and other questions in this article. You will gain a basic understanding and a solid footing from which to start the process of launching and protecting your creation. Learn how we can help you in trademarking your app.
Copyright, Patent, Or Trademark?
Obtaining copyright is the least expensive and quickest way to protect your source code, graphics, and text within the app. A copyright designation will usually cost less than $1000.
A USTPO patent registration, on the other hand, will cost multiple thousands of dollars. Your patent is a grant of property rights for your invention, allowing you to prevent others from making or using your app/invention.
More importantly, it prevents anyone else from selling your product without permission.
Pursuing a patent may be well worth the time and expense, depending on your intentions and budget. Filing for a copyright is a best practice and probably the first step you should take towards protecting your hard work.
Trademarks
While you cannot trademark your app, the name and logo representing your brand are available to register. Slogans and taglines are also eligible.
A registered trademark will assure anyone that the product they purchase is original and not a knockoff. Your trademark also protects against copycats and pirates who would take advantage of your hard work and brand recognition.
With this protection, you can take legal action against these bad actors and preserve your carefully crafted brand reputation.
Filing for Your App Trademark
The trademark registration process is the same for everyone. First, you must determine that you have the legal right to use the name you wish to file. You cannot trademark generic or common terms or words. Your app needs a unique identifier that helps potential customers quickly locate your product.
Your registration will be assigned an examiner who will determine its viability. You can expect to receive at least one Office Action, which indicates a challenge to which you must respond in a specific time. Failure to respond will result in the cancellation of your application, forcing you to restart the entire process.
But, the examiner must still approve your response to keep your trademark registration moving forward.
There can be any number of issues that could put a dagger in the heart of your trademark registration. It’s critical to keep current with communications and responses. It is also time-consuming and often confounding to deal with bureaucratic jargon and processes, especially while trying to launch a new product or business.
Are You in the Right Class?
The Nice Classification System sets international standards for trademarks in various markets and disciplines. You must designate the correct classification for your trademark registration.
Software and apps can fit in several classifications depending on their intended use. Many will fall within class 41, which covers entertainment, education, and much more. It is critical to understand under which classification or classifications you should register.
At a minimum, you will want to register your app’s name and logo in your initial registration filing. If you intend to develop your brand identity and protect your work, additional filings will follow as your brand evolves.
Are You Having Fun yet?
No? All of the name searching and classifications aren’t your cup of tea. We don’t blame you; navigating a bureaucracy, assimilating the lingo, dotting all the I’s, and crossing all the T’s makes most people’s heads spin.
Hiring a trademark attorney will make all of this their job, not yours. After all, they have the expertise, and you do not. But, you can expect hourly rates in the hundreds of dollars for a qualified trademark attorney.
Trademark Factory®, on the other hand, offers a fixed price all-inclusive service that provides everything you need including a money-back guarantee of successful registration. We will help you in trademarking your app.
Conclusion
The time and resources you will spend researching names, completing, and filing your registration. The months-long follow-up required to shepherd your application through the process successfully can be daunting or even depressing.
You probably have many other challenging issues that better match your talent and better use your time (head nod here).
Trademark Factory® will respond to all Office Actions and take care of any communications or other issues with the USTPO on your behalf. We will inform you of your application’s progress and guarantee your registered trademark with a full refund if not approved.
You pay a flat fee, we do all the work, and you build your brand.
What could be better than that?
Why Wait?
Contact Trademark Factory® today to learn more about how you can benefit from our trademark attorneys and their expertise to protect your new app and enjoy the fruits of your energies.