Hi,I'm curious the procees to follow if I have already received trademark for my name in US & Canada under board games(including electronic games) & someone else has published a game on Iphone but in a different category ie not a board game but generic game for all ages..Could I simply ask permission from that person/company to use the same name as we would not be competing in the same genre....comments appreciated....thks...
Hi,I'm curious the procees to follow if I have already received trademark for my name in US & Canada under board games(including electronic games) & someone else has published a game on Iphone but in a different category ie not a board game but generic game for all ages..Could I simply ask permission from that person/company to use the same name as we would not be competing in the same genre....comments appreciated....thks...
If your registered trademark classification is sufficiently broad to cover any type of electronic game, then you can request them to either remove the game completely or rename it.
You shouldn't be asking them permission for anything if you legally own the trademark. Indeed, unless you defend your trademark, you risk losing it.
If your registered trademark classification is sufficiently broad to cover any type of electronic game, then you can request them to either remove the game completely or rename it.
You shouldn't be asking them permission for anything if you legally own the trademark. Indeed, unless you defend your trademark, you risk losing it.
So if I have an app called "iApplication" and someone comes along and releases "iApplication PLUS" I have no grounds for requesting Apple remove it unless I own the trademark for "iApplication"?
So if I have an app called "iApplication" and someone comes along and releases "iApplication PLUS" I have no grounds for requesting Apple remove it unless I own the trademark for "iApplication"?
You can claim trademark infringement against a trademark without having registered it, but it is harder as you will need to demonstrate both your use of the mark in relevant markets and notoriety of the mark rather than just pointing to the registration.
Apple seems less trigger happy at removing apps due to infringement claims these days, so ultimately action against the infringing company is what you need to undertake rather than trying to convince Apple (they pretty much just facilitate and let you sort it out these days).
Re: apps with potential same name
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