

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

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

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

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jacquesm
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...

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jkent
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.

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jacquesm
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.

