Trademarks For Mobile Apps: How to Protect Your App and Yourself
As mobile apps continue to proliferate, it’s becoming increasingly important for developers to protect their intellectual property, including their app’s name and logo. Trademark protection can help to prevent others from using your app’s name or logo without your permission, which can help to protect your brand and your business.
In this blog post, we’ll discuss how to trademark a mobile app and protect your intellectual property and the relevant trademark classes to include in your trademark application when registering a mobile app trademark.
Conduct a Trademark Search
Before you can apply for a trademark for your mobile app, you should conduct a trademark search to ensure that the name and logo you want to use are not already being used by another business. You can conduct a trademark search on the USPTO’s website or hire an experienced trademark attorney to do it for you.
We specialize in performing trademark searches, which can help to identify potential conflicts, potential infringement, and assess the likelihood of approval by the USPTO. We can also identify the best filing strategy based on your products and services. The searches we employ are not valuable because we tell you if your proposed brand name is taken; they’re valuable because we use our experience to advise you when the situation is unclear. We know what to look for and how to identify whether any exiting trademarks and brands will cause problems for your brand name.
Choose a Strong Name and Logo
When choosing a name and logo for your mobile app, it’s important to choose ones that are distinctive and unique. This can help to increase the likelihood that your trademark application will be approved and make it easier to protect your intellectual property.
File a Trademark Application
Once you have chosen a name and logo for your mobile app, you can file a trademark application with the USPTO. The application should include a description of your mobile app, the name and logo you want to trademark, and information about your business. You can file the application online or by mail, and the fees for filing vary depending on the type of application you file.
When filing your trademark application, it’s important to identify the correct classes that apply to your mobile app to ensure that your trademark is properly protected. You may need to include multiple classes in your trademark application, depending on the goods and services your app provides. Below are some relevant classes to consider:
Class 9 – Computer and Scientific Products
Class 9 includes software, including mobile apps, as well as electronic devices, computers, and other related products. This class covers mobile apps that are used for a wide range of purposes, such as social media, gaming, business management, and more.
Class 35 – Advertising and Business Services
Class 35 covers services related to advertising and business management, including market research, public relations, and other related services. If your mobile app is related to advertising, marketing, or business management, you may want to consider including this class in your trademark application.
Class 41 – Education and Entertainment Services
Class 41 covers services related to education and entertainment, including online education and entertainment, as well as games, sports, and other activities. If your mobile app is related to education or entertainment, you may want to include this class in your trademark application.
Class 42 – Science and Technology Services
Class 42 covers services related to scientific and technological research, as well as design and development of new technology. If your mobile app is related to science, technology, or innovation, you may want to consider including this class in your trademark application.
Identifying the relevant trademark classes for your mobile app is an important part of trademark protection. Classes 9, 35, 41, and 42 are just a few of the classes that may be relevant to your mobile app. If you need help identifying the appropriate classes for your app or filing a trademark application, consider working with an experienced trademark attorney like us who can guide you through the process and ensure that your intellectual property is protected.
Respond to Office Actions
After you file your trademark application, the USPTO will review it and may issue an office action if there are any issues with the application. An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You should respond to any office actions promptly to avoid delays or potential rejection of your trademark application.
Some office actions require a written response to fix major legal problems (“major office actions”), others suggest calling or emailing the examining attorney to fix minor legal problems (“minor office actions”), and others may require no response at all. Therefore, it is important to read your office action carefully to determine how and whether you need to respond.
If you had us file the application originally, we respond to all minor office actions for free, whether you pick the Standard Package or the Premium Package. If you had us file the application originally and you picked the Premium Package, we will respond to all major office actions for free. If, however, we’re taking over an application you filed on your own or through another law firm or filing service, our firm charges a fixed price of $699 to draft and file a response to a major office action, which includes conducting research, drafting, and filing any legal argument that might be needed to overturn the major office action.
In summary, trademark protection can help to protect your mobile app’s name and logo, which can help to protect your brand and business. To trademark a mobile app, you should conduct a trademark search, choose a strong name and logo, file a trademark application, respond to any office actions, and maintain your trademark. If you need help with trademark protection for your mobile app, consider hiring an experienced trademark attorney like us to guide you through the process and ensure that your intellectual property is protected.
Want to Trademark Your Mobile App?
Get in touch with us today and we’ll handle the entire trademark registration process for you. We can be reached at (480) 875-2700, via email at email@example.com, or through our contact form below. One of our attorneys will get back to you within 24 hours of your submission to schedule a phone consultation, virtual meeting, or an in-person meeting with you. We look forward to hearing from you!