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 |
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 | |
| 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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