Ask HN: When is the best time to trademark a product name? | Hacker News Reader

Ask HN: When is the best time to trademark a product name?

5 pointsterpua11 comments

My app's name is close / same as another app name from a bigtechco. However, upon checking the USPTO database, the latter's app name hasn't been registered (pending or otherwise). Is it a good time to spend the resources (even if tight) to apply for the trademark even before launch (i.e. not sure if you are going to succeed)?

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If they're already on the market you are basically acting in bad faith. I suggest you find an original name for your application.

While the names are similar, they are 2 different products.

Ah, ok, that's different. A trademark has 'scope'. The right time would be when you've settled on a name, before you invest into marketing that name to the general public.

Any point after that and you might be too late...

Good points both. Thanks.

Sometimes, it's hard to let go of a name that you perceive as "perfect".

True, I fully sympathize with that.

But look at it this way, letting go of it now is going to save you a ton of trouble later, in the long term you'll be off cheaper and there is no chance of confusion.

Also if the other party is 'bigcorp, Inc' then you're setting yourself up for a legal fight at a time when you probably have better things to do.

EDIT: A name can not be 'perfect' if it is already taken, the domain name is not free or if somebody else already has a lien on it or is shipping something under that name.

I think you need to re-think your concept of the 'perfect' name :)

I actually have the appname.com already :)

It's a logical 'or'. You might have 'oracledatabase.com', it won't do you much good :)

Disclaimer: Consult an IP lawyer or patent attorney

Scope typically applies to specific industries.

To the original poster, you do risk legal action - even if you have a registered trademark and they don't. They probably have a common law trademark (which does not need to be registered) that predates yours.

That's a good point, and since the OP uses the word 'app' for both products I doubt that there would be enough distance to avoid confusion.

Registering a trademark in bad faith is not going to end well.

Yeah, but why go there? What's the upside of having a name that is extremely similar to an existing product, if not to confuse the consumer?

Why not just pick a new name now, before the hassles begin?

I have to agree - even if it's not trademarked, your going to get users confused between their app and yours. Find something unique and trademark that instead.

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