May 05,2021 | 5 min read

"Trademark & Mobile Apps" By Samar Inam Khan

An app you create may free or chargeable, but protecting its IP rights is something which I advise, at an initial stage, you may feel or think that your app may not be a successful app and generate revenue but it can, there are many apps which did not succeed at an initial stage and succeeded later so, therefore, it is highly advised that one must apply for registration.

REASONS:

Though the Trademark registration is not free and you may need to apply in various classes but it protect your IP rights and in the event of infringement or use by third party in a similar fashion, you will have all the rights to file a case against him like for compensation and Pass off.  

By registering a trademark, you will be sure that your app is exempted to be used by other developers.

When it gets registered, no developer can use your app’s logo or anything.

BENEFITS:

For unregistered logos, the priority of proof is incredibly high. Maintaining, a registered trademark provides the Trademark owner with further advantages, like possession, a lot of protection, and reduces the pressure of getting proof. If somebody either deliberately or accidentally infringe others name or design or trademark. Then the owner of the trademark can forcefully eliminate the name or style and it involves legal charges and payments. They need to relinquish all the advantages gained by unregistered logos. The unregistered brand may need to recreate their Trademark, Due to which they may lose their potential customers. Therefore to avoid these things, one shouldn't copy others Trademark either wittingly or inadvertently.

A registered Trademark adds up to the status and value. A registered Trademark protects your App IP rights for ten years and thereafter you can renew further.

In case you apply from India and paid the government fee of India only then in that case the Trademark will only be protected in India only, furthermore, you can always file an application from India for other countries, which only increase the Government Fee and your Attorney’s Fee, if you are creating an App for the global community, you should get it registered at other countries too.

A Trademark is having value in the eyes of the user which creates trust.

The first step is to own a correct and proper name for your App. Many App developers usually attempt to have descriptive names to describe the App that may vary from the present Apps. Once you choose your App name then you would like to investigate your App name. Because, once applying for trademark registration, if your App name is analogous to different Apps. Then you may receive a reply to a trademark examination report stating to alter your App name. So you need to choose wisely and involve an IP expert.

So, to avoid any sort of incident you would like to have a distinctive name. You must search online and offline modes for trademark search. It’s better to consult IP lawyers.

For registering Trademark you have got to fill type TM-A.

CONCLUSION

Yes, the trademark for Apps is needed. Having a registered trademark for your App is sort of helpful. It will keep your App safe from third-party. By registering for the trademark you'll be having full possession and management over the application.

Contact at : ilegalexperts@gmail.com


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ABOUT THE AUTHOR


Samar Inam Khan

Advocate & Arbitrator since 2003

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