“If you want exclusivity, you have to be the first. That’s how IP works.”[1]
INTRODUCTION:
One of a business’s most important assets is its brand identity. This is particularly true for SaaS and mobile app businesses, whose customers often do not identify them or their products and services based on a face-to-face encounter with a specific individual or at a particular location. Rather, consumers mostly connect with the names, logos, icons, user interface, and slogans they encounter on the business’s website, online marketplace, or mobile app.
Customers won’t have any established brand recognition between your company and the software application if you’re a new software company or mobile app. Instead, the trademarks consumers come across while using the software will serve as the foundation for their initial impression.
APP ICONS TO ASSETS: THE UNTOLD POWER OF TRADEMARKS
After a long, hard slog and after weeks of pulling all-nighters, countless cups of java and other computer languages, and after one or more brilliant ideas, the mobile app is finally ready for development. However, before you gather up your final build and submit it to your distribution platform, there is one thing you need to consider: app trademarks for the new software application.
As of May 2015, Android users had more than 1.5 million Apps to choose from. Apple’s App Store offered users 1.4 million Apps, while Windows Mobile and Blackberry respectively, offered 3,40,000 and 1,30,000 Apps. A research report says that more than 100 billion Apps are downloaded each year, accounting for aggregate revenue of more than US$ $40 billion. These figures are expected to grow substantially in the future.[2]
Your trademarks, whether a name, logo, image, or phrase, serve as the initial impression of your organization and products, allowing new customers to build trust in your reputation and goods or services. Many businesses are trying to obtain a competitive edge in their particular market sector in a frequently oversaturated market environment, especially with mobile apps. Developing and registering the trademarks related to your software, features, and functionality will help you quickly build brand recognition among your customers and set your product apart from the competition.
Therefore, there are three reasons why the world of mobile apps differs from other services:
(1) Their reach is almost ubiquitous,
(2) Lack of a specific naming or approving body that permits applications with the same or a similar name to be used in conjunction with another trademark or mobile application,
(3) The presence of several platform providers with disparate, inconsistent policies.
Because of these features, apps are inherently at odds with the principles of trademark law. Now, let’s take a quick look at current trademark regulations and what mobile app developers need to know about App Trademarks.
NAVIGATING TRADEMARKS IN TECH, A DEVELOPER’S GUIDE:
Software developers rely on trademarks to help them differentiate their goods and services in a crowded market. For developers looking to make a significant impact in the software sector, it is essential to comprehend the fundamentals of trademarks. A trademark influences customer decisions by communicating the software’s quality and dependability in addition to representing the brand.
Securing these trademarks is essential to effective software branding since it can shield the brand’s reputation and stop competitors from using it without authorization. Developers can cultivate client loyalty and trust by registering a trademark, which grants them exclusive rights to their brand elements. Additionally, a product’s marketability can be improved by trademarks, which makes it simpler to attract partners and investors.
The essential thing that should be known is that what can be protected is ‘the name, the brand, and logo, if exactly replicated, then the app can be protected.’ And what cannot be protected is the ‘idea of the app and the concept of the business’, and in furtherance to protect the application, the founders must follow a brand registration process under trademark law and must register their name, logo, and brand.
It becomes useful in cases like online promotion, downloading and customer identification, and brand awareness. Therefore, to secure the name and logo so that no 3rdparty infringes the logo and the name of the brand. And hence, the goodwill will stay attached to the registered name only.
HOW TO LEGALLY TRADEMARK YOUR APP:
It takes careful planning and preparation to successfully navigate the trademark application process. The first step for software developers is to identify the right trademark class and collect the supporting documentation. The trademark registration timeline can be greatly impacted by a well-structured submission, which guarantees a more seamless approval process.
It is crucial to use efficient application submission techniques, which include making sure that all legal requirements are met and giving a precise description of the products or services connected to the trademark. The examining attorney might ask for more details or explanations, so developers should be ready for any office actions.
In the end, a well-planned strategy increases the chances of an application being successful and frees up developers to concentrate on establishing their brand while protecting their intellectual property. Software developers can successfully protect their trademarks and improve their market position by comprehending the nuances of the trademark application procedure.[3]
MARKETING WITH THE ® SYMBOL:
You can indicate to users and rivals that your brand is legally protected by using the ® symbol with the name or logo of your app once your trademark has been registered. This symbol frequently exudes professionalism and legitimacy, both of which are advantageous for gaining the trust of users. To strengthen brand recognition, a lot of app developers include the ® symbol in their app descriptions, websites, and social media accounts. Potential infringers can also be discouraged by strategically using the ® symbol in marketing materials. Because it indicates that the app’s branding is protected by trademark law, competitors are less likely to copy a brand that uses the ® symbol.[4]
COMMON TRADEMARK MIS-SETPS MOBILE APP CREATORS MUST AVOID:
Software inventors must register their trademarks, but many common miscalculations can make their sweats less successful. To guarantee a successful operation, it’s essential to be aware of trademark misconstructions and enrollment risks. The following four major crimes should be avoided
- Ignoring comprehensive trademark searches or relying on incomplete results may affect trademark enrollment controversies.
- Opting for Weak Marks: Using descriptive or general terms may lead to limited protection or rejection.
- Shy Attestation: The operation may be compromised if there isn’t enough evidence of use or intent.
- Ignoring conservation Conditions: Trademark rights may be lost if renewal deadlines are missed. [5]
WHO TO CONNECT WITH:
Software and mobile apps can be delicate and complex to trademark. To ensure that your trademarks are successfully registered and executed, it’s essential to consult with an intellectual property (IP) counsel who’s knowledgeable and educated in searching and filing software trademarks.
CONCLUSION:
The persona or image used to represent an application on a user’s device is called an application icon, sometimes known as an app logo. In addition to the App Store and Google Play Store, where consumers initially search, it can be found in the search bar and settings of a smartphone.
Smartphones have altered the way that customers engage with brands. App icons are often necessary to create a recognizable image and are now crucial for successfully differentiating a variety of competing programs. They need to be treated equally because they are the new trademarks.
Having unique icons that represent an app’s image in public is essential, as it has been shown that people are more responsive to visuals than to written descriptions. They need to be treated equally because they are the new trademarks. Having unique icons that represent an app’s image in public is essential, as it has been shown that people are more responsive to visuals than to written descriptions. Protecting these icons has also become essential in the current digital era, where piracy and intellectual property infringement have dramatically increased. Furthermore, an app’s icon has a big impact on its distinct image.
Author: Shreya Bhatnagar
REFERENCES:
[1] Zeeger Vink, The Great Catapult: “How Integrated IP Management Will Shoot Your Brand to Success” (Frangipani, 2020).
[3] https://aaronhall.com/trademark-protection-software-developers/
[4] https://patentpc.com/blog/trademark-for-mobile-apps-an-in-depth-guide
[5] https://aaronhall.com/trademark-protection-software-developers/
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