App Name Legal Question

[harrisnext]

Jurisdiction

Florida

I'm looking to create an app and I'm very set on a name. Recently, I've found there's an app with the two words I want. (different example: word app vs WordApp - with them being completely different concepts)

The differences are 1) they have a space in the name whereas I want to combine the two words 2) they're a small app for a local purpose in a different state 3) the purposes of the apps are completely 100% night and day different.

Would I be in a safe place legally if I proceeded with the app, knowing that there is a similar named app out there (even though it's a local app in a different location with a different concept and no trademark)?

Would I be able to get the trademark if I were to apply?

I'm looking to create an app and I'm very set on a name. Recently, I've found there's an app with the two words I want. (different example: word app vs WordApp - with them being completely different concepts)

The differences are 1) they have a space in the name whereas I want to combine the two words 2) they're a small app for a local purpose in a different state 3) the purposes of the apps are completely 100% night and day different.

Would I be in a safe place legally if I proceeded with the app, knowing that there is a similar named app out there (even though it's a local app in a different location with a different concept and no trademark)?

Would I be able to get the trademark if I were to apply?

 

[army judge]

Would I be in a safe place legally if I proceeded with the app, knowing that there is a similar named app out there (even though it's a local app in a different location with a different concept and no trademark)?

Probably NOT, but the smart play is discuss the matter with a trademark, patent, copyright, or intellectual property attorney.

The play that could lead you into legal difficulties is soliciting advice from anonymous strangers, who might encourage you to do something foolish.

Would I be able to get the trademark if I were to apply?

If the name isn't already trademarked, maybe.

 

[adjusterjack]

Would I be in a safe place legally if I proceeded with the app, knowing that there is a similar named app out there (even though it's a local app in a different location with a different concept and no trademark)?

I don't think so either. Computer stuff has no boundaries. It's not like Joe's Widget Store in Anaheim is ever going to infringe on Joe's Widget Store in Tallahassee.

Your app will eventually be available to everybody everywhere.

Would I be able to get the trademark if I were to apply?

Understand that trademark protection attaches the moment somebody starts using the trademark even if they don't register the trademark with the USPTO. Even if you registered yours successfully, the other user could easily show prior use and win a lawsuit against you that would put your financial future in the toilet.

The yardstick for measuring the potential for infringement is this: If you have enough doubt so that you come on the internet to ask the question, then don't use the name. Find something else.

Meantime, I suggest you spend some time at the USPTO website and study up on the legal aspects of trademark.