For example, if you are programming a mobile game, the name of the app and the icon used to represent the app in the marketplace could be trademarkable.įor a restaurant-finding app, on the other hand, the program’s distinctive logo might be trademarkable. Different Parts, Different MarksĪs mentioned above, multiple elements of your app may fall under a trademark. At its heart, the trademark-which may date back as far as the Roman Empire and medieval Europe-is intended to assure consumers that the goods and services that they have purchased are indeed the authentic product of a particular company. Instead, your trademark consists of the less tangible elements of your mobile app things like logos, characters, and, above all, the name or title of your app. A trademark isn’t your app’s code or functionality, which may be covered by other legal constructs designed to protect the big ideas at the core of the program. Trademark Basics for Developersįirst, though, we need to establish what app trademarks aren’t. Let’s talk for a minute about what a trademark does for an app. The difference between an app created with an understanding of trademark law and how it affects the modern digital marketplace and one created without such an understanding can be the difference between shovelware and the next big thing. Understanding What Cannot be Trademarked.
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