This is where a trademark lawyer can come in handy, as it’s their job to help monitor and enforce the use of your mark online.Īt the end of the day, trademarking your name allows you to act as a referee. If you’re not monitoring your mark for potential infringements (both online and offline) and responding to those infringements, you could lose your ability to protect it. Failure to do so can result in the cancellation of the trademark. To keep a registration alive, the owner must file maintenance documents at regular intervals. Maintain, monitor and enforce your trademarkĪfter you’ve filed for and received your registration there’s still work to be done. A non-app business similar to yours that has the same or similar name could view your app name as infringement. App developers often make the mistake of thinking that because their app is available in the app store, it is available as a trademark. When registering a domain name be sure to also register all possible variants, even if you do don’t use them.Ī common area where trademarks are misunderstood is the app world. For example, if you own the domain name, other people can generally buy or. It may come as a surprise that almost anyone can buy your same domain name with a different top level domain, in many cases. In order for a trademark owner to obtain rights in a domain name, they must purchase the domain name from a domain registrar such as Sedo or Hostgator. In order for the domain name to be deemed a trademark, it must have received registration as a trademark.Ĭonversely, having a trademark does not automatically give you the right to a certain domain name. That comes through the USPTO, not a domain registry. Just because you have registered a name doesn’t mean you have been granted a trademark. The difference between trademarks and URLsįirst off, it’s important to know that domain name registration doesn’t give you the right to a trademark. Whichever route you choose, make sure you do some sort of a search before you try to register your name - certainly before you use it in doing business. But at the minimum, you should conduct a preliminary search. If you have the budget, a comprehensive trademark search is always the better choice. But it does not uncover all potential issues.Ī comprehensive trademark screening is performed by specialized search firms and trademark lawyers and, as its name suggests, is a more thorough search which can uncover names that may not be registered but could still pose a threat in the form of confusion. A preliminary trademark or “knock-out” search tells you that there are no obvious conflicts. Often times, business owners are unsure whether they should do a preliminary trademark screening or a comprehensive screening, also called a full screening. Here is a deeper dive into understanding some of the elements examiners look at when reviewing a mark at a trademark office. Basically, the factors are a series of tests that allow the court to determine the likelihood of confusion between one mark and another. When it comes to enforcing trademarks, the Polaroid Factors - derived from a well-known court case - are used as a guide. ![]() Patent and Trademark Office (USPTO), as this provides nationwide rights to trademark. A far better route is to secure a registration at the U.S. ![]() In the United States, first use establishes common law trademark rights, but these rights only cover the geographic area within which the trademark is used. Often times, however, many don’t understand the importance of protecting their business and product names.īecause trademark laws and issues can be complex, we’ve compiled some important facts and tips to help you navigate the trademark terrain.Ī trademark protects names (Apple), symbols (Nike’s Swoosh) and other identifying marks that are used to identify the source of goods and services and ensures that other’s do not knowingly or unknowingly use a name that would make it difficult for a consumer to distinguish between the offerings of one company and another. Most entrepreneurs today understand the importance of a good name. It embodies your key attributes, and if done right, rolls off the tongue and triggers terrific stories. Your name is the first step to making your business identifiable amongst a vast sea of competitors. The importance of your startup’s name is hard to understate.
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