Tuesday, May 08, 2018

Computer App as Trademark...


If you use a smartphone or a tablet, you know that there are thousands of apps that are available to expand the utility of these mobile devices.  Each app has a name that identifies it. In many cases, the owners of these apps also seek trademark registrations to protect these names.  Here is one example:

Word Mark ETHIQ
Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer application software for mobile phones, namely, software for utilizing consumer-supplied data entries to provide insight about the specific merchants whose spending patterns are most consistent with the values of that consumer; Computer application software for electronic devices, namely, software for utilizing consumer-supplied data entries to provide insight about the specific merchants whose spending patterns are most consistent with the values of that consumer; Computer software for wireless content delivery; Computer software that allows people or organizations to create a voting event, vote on the issue, change their vote at will and track the input and display it in a unique graphical way; Interactive game software. FIRST USE: 20150720. FIRST USE IN COMMERCE: 20150720
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86426898
Filing Date October 17, 2014
Current Basis 1A
Original Filing Basis 1B
Published for Opposition March 17, 2015
Registration Number 4852458
Registration Date November 10, 2015
(extract of USPTO "TESS" record)

In other words, the name of the app, as well as the trademark, is ETHIQ®.  As reported on May 8, 2018 in the Santa Monica Daily Press, per its owner, Darren Bates, "In essence, it's a dating app but instead of matching you with men and women, it matches you with businesses that match your values."

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Another example of an app, and one that is certainly famous world-wide is INSTAGRAM. There are multiple U.S. Federal trademark and service mark registrations for this mark as both an app and as computer software. Here is just one registration:

Word Mark INSTAGRAM
Goods and Services IC 042. US 100 101. G & S: Providing use of online temporary non-downloadable software for enabling transmission of images and audiovisual and video content; hosting on-line web facilities as websites and mobile sites for others for managing and sharing on-line content; providing information from searchable indexes and databases of information; providing search engines for obtaining data via communications networks; computer services, namely, creating virtual communities for registered users to participate in discussions and engage in social, business and community networking; computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks; providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple websites; providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data; computer services in the nature of customized web pages featuring user-defined or specified information in the nature of personal profiles, audio, video, photographic images, text, graphics and data. FIRST USE: 20101006. FIRST USE IN COMMERCE: 20101006
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85983853
Filing Date June 20, 2013
Current Basis 1A
Original Filing Basis 1B
Published for Opposition March 11, 2014
Registration Number 4856047
Registration Date November 17, 2015
Owner (REGISTRANT) Instagram, LLC LIMITED LIABILITY COMPANY DELAWARE 1601 Willow Road Menlo Park CALIFORNIA 94025

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The takeaway for all of us is that don't stop with naming your app.  Be sure you can register your name as a trademark.  Don't just adopt a name and not check to see if it is already being used by someone else for similar goods or services.

 Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

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