Trademark Filing in 10 Easy Steps

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Apple trademark filing its icons, your turn

Apple has recently been trademark filing its icons that are used on the new iPad and also covers the current iPod and iPhone range of products.  So if Apple can do it – so can others.  In doing so, they are not only including a large version of the image of the icon but also a description of it eg “rounded corners depicting a stylized…”  This is standard practice for trademark filing a logo.

So if  you develop and sell software – for the icons associated with the software applications you may wish to consider registering a trademark for them.  This particularly applies to iPhone and iPad apps that you may be developing (but check the terms of use issued by Apple first before doing this).

Why, as some apps gain in popularity, some firms are doing a little search scamming and copying  the names, styles, and sometimes even the art of  these popular iPhone apps.  There are even some companies actually selling apps with work arounds known as  “Cheats” , adding this on to the titles of the app, and often at the same time then reusing the artwork from the original game.

So what should you consider doing.

  1. If  the artwork is orginal and you own it (you should) then trademark filing the icon is a good first step.
  2. The next step for developers who feel an app is infringing on their trademarks is to notify Apple.

You can send a message to appstorenotices@apple.com to let Apple know about the infringement and requesting that the offending app is removed.  To have the wording right – think about getting a trademark attorney draft and possibly the email on your behalf.

Remember the icon on your application is your intellectual property and is just as important as the copyright  in the software you write.  Follow Apple’s lead and start trademark filing your icons.

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Let us know how you things have worked out for you in trademark filing your icon.  Patrick

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