App Naming Question

[harrisnext]

What is the name of your state (only U.S. law)? Florida

I'm looking to create an app and I'm very set on a name. Recently, I've found there's an app with the two words I want. (different example: word app vs WordApp - with them being completely different concepts)

The differences are 1) they have a space in the name whereas I want to combine the two words 2) they're a small app for a local purpose in a different state 3) the purposes of the apps are completely 100% night and day different.

Would I be in a safe place legally if I proceeded with the app, knowing that there is a similar named app out there (even though it's a local app in a different location with a different concept and no trademark)?

Would I be able to get the trademark if I were to apply?

 

[quincy]

I recommend you come up with a name for your app that is unique to you alone.

What is the name of your state (only U.S. law)? Florida

I'm looking to create an app and I'm very set on a name. Recently, I've found there's an app with the two words I want. (different example: word app vs WordApp - with them being completely different concepts)

The differences are 1) they have a space in the name whereas I want to combine the two words

A space between the words is not enough of a difference. For an example, compare Pokémon Go to PokemonGo. The space is not going to prevent the second name from infringing on the trademark rights of the first.

2) they're a small app for a local purpose in a different state

This could work in your favor if the "small app" is not available on a national basis and intends to stay local. But the owner of the small app could still challenge your use of the same or similar mark if your use generates consumer confusion or in other ways interferes with the marketing of the small app.

3) the purposes of the apps are completely 100% night and day different.

Both are apps. This makes it not quite a 100% night and day difference.

Would I be in a safe place legally if I proceeded with the app, knowing that there is a similar named app out there (even though it's a local app in a different location with a different concept and no trademark)?

I don't know how safe a place you would be in legally. When there are so many names to choose from that do not risk infringing on the trademark rights of a known user of the same or similar mark, however, you would certainly be in a safer place to come up with a different name.

Would I be able to get the trademark if I were to apply?

If the other mark owner has not registered their mark with the USPTO, your mark could be eligible for registration. You would need to use your mark in commerce first to apply for registration, unless you file an Intent to Use application and put your app on the market within 6 months of filing.

The other mark's owner could oppose your registration. How likely this would be is a question mark.