Mobile apps are part of everyone’s daily lives, allowing individuals to organize themselves and rely on optimized tools to complete any task. Trademarking an app idea is an excellent way to protect its ownership rights, but it must be done properly.
In this article, you will discover how to trademark an app idea in Florida.
Trademarking an App Idea – Should I Register It at the State or Federal Level?
Florida law only allows trademark owners to register marks that already have been used in business. To register an app idea, you need to file for a federal trademark with the United States Patent and Trademark Office (USPTO).
With the help of an expert trademark attorney, you must submit an “Intent-to-Use” application. This application is available for applicants that have not used their marks in commerce yet but have a good faith intention to do it in the future.
How to Trademark an App Idea in Florida – Step-by-Step
Materializing the App Idea
The first step to trademarking an app idea is to find an original name. The USPTO has strict requirements for trademark applicants to avoid the likelihood of confusion between distinct marks.
With over a million apps available out there, creativity is the rule of thumb in this process. Generic terms, descriptive terms, or “copycats” are filtered out in USPTO’s inspection process.
If you want to improve your chances of success, take your time to brainstorm creative ideas and come up with a fresh, neat app name.
Conducting a Thorough Name Search
You cannot trademark an app idea if it is overwhelmingly similar or identical to an existing trademark.
Conducting a proper name search on different databases is not an easy task for inexperienced individuals, which requires the assistance of a seasoned trademark attorney throughout the process.
Researching apps and software trademarks are even more complex, as USPTO has various categories that apply for goods and services of this specific segment.
Submitting the Application
Filling out the application forms and submitting the paperwork to the USPTO requires attention to detail. If you want to ensure your application will not be rejected or returned, rely on the guidance of a proper legal advisor in Florida.
Incorrect or missing information may result in a delay of multiple months. Considering the process to register a federal trademark already requires a significant amount of time, it is fundamental to avoid delays.
Monitoring the Trademark’s Aftermath
The work is not over after the app idea is federally registered with USPTO. US trademark law expressly states that the owner of a trademark must monitor its use in the marketplace and protect it against infringement.
Once the app is available for download, it is fundamental to keep an eye on similar app ideas that may attempt to claim the trademark and confuse customers with a similar mark. In case of infringement, the infringing party must be contacted immediately.
If a cease-and-desist letter is not sufficient to convince the infringing party to stop the wrongdoing, it is possible to protect the trademark by filing a lawsuit under the guidance of a zealot Florida attorney.