Tell me more ×
Answers OnStartups is a question and answer site for entrepreneurs looking to start or run a new business. It's 100% free, no registration required.
up vote 2 down vote favorite

I am about to submit my first app to the Apple app store.

Let's say that it is called "GreatClock". There is already an app on the market called "great clock". There is some variable spelling, different capitals and a space.

I have registered my name with Apple. Will this create a legal conflict?

share|improve this question
@Yorick If you are going to suggest an edit, please take the time to fix ALL problems in the post. Don't just make one minor edit. Thanks! – Zuly Gonzalez♦ Jan 18 at 22:42
Will do! Thanks. – Yorick Jan 19 at 14:26
@Yorick Great, thanks for helping out! – Zuly Gonzalez♦ Jan 20 at 4:00

2 Answers

up vote 3 down vote accepted

It is possible you are infringing another's trademark. More important than registering the name with Apple is clearing it and registering it with the government. It may not matter that there are slight differences in the two names. If it is likely to cause confusion, registering it with Apple and offering it for sale may be infringing acts.

During any due diligence for a contract involving your product, this issue should arise, and it will be your duty to comply with your buyer's requirements.

You can search registered trademarks here: http://www.uspto.gov/trademarks/index.jsp

share|improve this answer
1  
thanks i will look into it now – user35610 Jan 18 at 17:15
up vote 1 down vote

Choose a different name. You have a moral as well a legal reasons to do so.

  1. You would not want to work hard building a brand only to have someone else launch a product with a confusingly similar name. This is not fair competition.

  2. A key issue in trademark infringement is whether your product name creates confusion in the marketplace. Similar names for similar products and services creates confusion.

share|improve this answer
thanks Keith, i see you points very clearly. i think that I was so set on one name. I will change the name significantly to avoid this issues! cheers man! – user35610 Jan 20 at 11:28

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.