Local company from another country and trademark

[Davoo]

Hello. I'm creating a web application and want to name it a particular name, which basically describes it best and the app is something that hasn't been seen before in my niche, so I really want the name to be descriptive, so people can get it, just by looking at the name and a screenshot.
I'm not sure however if I can use it. I'm not from US, but my website will be in English and customers will be mainly from US. I noticed that there is a software agency in Germany that goes by the same name. They have .de domain for that name, everything is in German and it seems they target purely Germany. I'm not from Germany and want to target US, so can I use that name?

 

[FlyingRon]

If they do not do business here and you do no business in Germany, and there's is not a "famous mark" then you likely will be safe. A domain name (and even a business name) is not necessarily a trademark, you imght want to get someone who speaks German to research just what is on the site before you make any decisions.

 

[quincy]

Hello. I'm creating a web application and want to name it a particular name, which basically describes it best and the app is something that hasn't been seen before in my niche, so I really want the name to be descriptive, so people can get it, just by looking at the name and a screenshot.
I'm not sure however if I can use it. I'm not from US, but my website will be in English and customers will be mainly from US. I noticed that there is a software agency in Germany that goes by the same name. They have .de domain for that name, everything is in German and it seems they target purely Germany. I'm not from Germany and want to target US, so can I use that name?

Whether you can use the same name for your web application that a software agency in Germany is using to identify their company depends on the specifics.

If the German software agency has registered their name internationally, it would be a risk for you to use the name. If your use of the same name in your domain name redirects consumer traffic from their site to yours, the German agency might find infringement and take action to prevent you from using the name in your web address.

As a most general rule, domain names do not create trademark rights. A domain name is simply a web address. It will be a name that is used in commerce to identify to consumers a company, its products or its services that will gain trademark rights to the name. In countries other than the US, it will be the registration of the name that creates (rebuttable) ownership in the name.

I suggest you have the specifics reviewed by an IP professional in your country before investing a lot of time and money in promoting your web application under a name that you could find you cannot use.

Good luck.

 

[Davoo]

Thank you for your responses. Unfortunately I found out the company registered a trademark on that name in EU. I'm from another country in EU and won't risk it. I'm going to use another name.

 

[quincy]

Thank you for your responses. Unfortunately I found out the company registered a trademark on that name in EU. I'm from another country in EU and won't risk it. I'm going to use another name.

That sounds smart. It is always best to choose a name that no one else can claim rights to, whether the claim ultimately is found to have merit or not.

The best trademarks can be those that are invented words (like Sybex, publisher) or common words used in an uncommon ways (Penguin, books) or portmanteau words. There are a whole host of ways to create a unique trademark that consumers will learn soon enough to connect with your web application if the name and product together are promoted well - and you eliminate this way the risk of irritating another trademark holder enough for them to sue.

Good luck.