Mobile app's are all the rage these days..... with many people using them on their smart phones and/or tablets. Among the applications I use on my iPad are Kindle (for iPad), Netflix, LinkedIn, ESPN, and others.
The branding and naming of mobile applications requires the same diligence as the branding and registration efforts with respect to traditional or conventional products such as apparel, furniture, toys, sporting goods, eyewear, etc. A trademark application for apparel, for example, would be registrable in International Class #25. Before investing in a trademark, however, it is always wise to conduct clearance and search efforts so that conflicts can be avoided.
In Part I of this series focusing on trademarks and mobile applications, we will introduce one famous trademark/service mark and the goods and services identified in the corresponding applications that were filed with the U.S. Patent and Trademark Office (USPTO) and which have since become registered.
Facebook, Inc., for instance, has one multiple class trademark and service registration (among many others) that covers it goods and services in the internet-web-mobile application space or sector. Reg. No. 3801147 for the mark, FACEBOOK, includes:
International Class (IC) 009. Computer software development tools for social networking, building social networking applications and for allowing data retrieval, upload, access and management; application programming interface (API) for third-party software and online services for social networking, building social networking applications and for allowing data retrieval, upload, access and management.
IC 038. providing access to computer databases; electronic transmission of instant messages and data.
IC 041. Electronic publishing services, namely, publishing of online works of others featuring user-created text, audio, video, and graphics; providing on-line journals and web logs featuring user-created content.
IC 042. Providing temporary use of non-downloadable software applications for classifieds, virtual community, social networking, photo sharing, and transmission of photographic images.
Another registration belonging to Facebook, Inc., is in composite format (e.g., words and design elements) for the mark, "FACEBOOK (and design)", Reg. No. 3935447:
IC 009. Computer software development tools; Computer software for use as an application programming interface (API); Application programming interface (API) for computer software which facilitates online services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management; Computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks.
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These two examples above illustrate and reinforce that the branding and registration of trademarks and service marks is a key element in the protection of the goods and services that companies provide
and rely upon to enforce their ownership rights.
For additional information about the selection, clearance and registration of trademarks, we invite you to visit our website at:
www.TrademarkEsq.com
Thank you for your consideration.
Respectfully submitted,
William E. Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
Santa Monica, California
www.tmesq.com
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