Not sure if this is in the wrong or not. Need a little advice

[thomhee]

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

I have an online app that i'm creating and I did a domain search and a trademark search for the name i'm using and both the names aren't already taken.


The type of app i'm creating is pretty similar to a website and app that is already out there, but it has some pretty unique features that the other doesn't. Also the name is kind of similar (it's a 2 word name, for example Craig's List and Burger King are 2 word names). Let's say i'm opening up a burger place and I wanted to name it "Burger food" would I have to worry about it? Same goes if I wanted to open a website or app named "My List" would I have to worry?

That is basically the jist of it. As I said, I did a search for the name I wanted on www.uspto.gov/trademarks, but it was not taken.

If you have a question, please feel free to ask.

Thanks,
Thomas

 

[Eekamouse]

What sort of app are you talking about copying?

 

[quincy]

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

I have an online app that i'm creating and I did a domain search and a trademark search for the name i'm using and both the names aren't already taken.

It can be important to remember that names do not have to be federally registered to have trademark protection. Trademarks can have state registration or not be registered at all. Trademarks gain rights through the use of them in commerce. In other words, doing a USPTO search can be a start but that alone may not be enough to ensure a mark is not already in use.

The type of app i'm creating is pretty similar to a website and app that is already out there, but it has some pretty unique features that the other doesn't. Also the name is kind of similar (it's a 2 word name, for example Craig's List and Burger King are 2 word names). Let's say i'm opening up a burger place and I wanted to name it "Burger food" would I have to worry about it? Same goes if I wanted to open a website or app named "My List" would I have to worry?

Words like "burger and "list" are generic words that can be used by anyone. They cannot on their own receive protection under trademark law. The job of trademarks, afterall, is to identify a specific company, product or service and distinguish it from all others.

That said, if your mark is so similar to another's mark that consumers can be confused into thinking they are one and the same, this especially if the goods or services are the same or similar, then you could face a trademark challenge by the first user/owner.

Nothing can really prevent a lawsuit and, if trademark owner objects to your use of a name that the owner feels infringes on his rights (whether it does or not), you can receive a cease and desist notice or a summons and complaint. Although this is unlikely if there is no likelihood of confusion between the names and goods/services marketed, the odds will be better for you of avoiding all legal entanglements if the trademark you pick is uniquely your own.

 

[thomhee]

What sort of app are you talking about copying?

I'm not copying an app, but my app will be a little similar, but will have some very unique differences.