No, you can’t trademark a mobile app itself — you’re likely looking for copyright protection or a patent. However, you can register a trademark for the app name and logo through the United States Patent and Trademark Office (USPTO) to protect your brand in the app market.
Although you cannot obtain trademark protection for an iPhone app as a software application, you can trademark the name of your app. For example, “ANGRY BIRDS” is a registered trademark for video games on mobile devices. It is also possible to trademark an app icon or trademark the characters in a game if they serve as part of the branding. Registering your mobile app’s name and logo ensures that no competitor can use a confusingly similar mark in connection with similar goods or services.
Trademarking the app name, app icon, and logo will prevent competitors from using similar names or branding elements in the Apple App Store, Google Play Store, or other app marketplaces. This will help your brand stand out among the 3.48 million apps available across different platforms.
What Trademark Protection Covers for a Mobile App
A trademark registration will not protect the specific functionality of an app’s design or operation. If you want to prevent competitors from developing a similar software as a service or downloadable computer software with the same functionality, you may need to pursue a patent instead. A patent and trademark attorney can advise on whether your app qualifies for patent protection.
However, securing trademark rights for your app name, app icon, and logo will help you prevent potential infringement by competitors who may try to copy your brand identity. If a similar mark is used by another company, you can file a trademark infringement claim to protect your rights.
How to Register a Trademark for Your Mobile App
To register your app’s name and logo, you must file a trademark application with the USPTO under the appropriate trademark class. For example, downloadable software applications typically fall under Class 9, while software as a service (SaaS) falls under Class 42. The trademark registration process includes a trademark search to ensure that no confusingly similar marks already exist.
If you are an app developer looking to trademark your app, working with a trademark attorney can help streamline the trademark filing process and improve the chances of a successful registration. Proper trademark protection will ensure that your brand remains unique and legally safeguarded in the growing app distribution market.
If you are looking to protect your app and register a trademark, contact us for assistance with filing your trademark application and securing federal trademark rights.
