Is A Trademark Required For An Android Application

Last Updated at: Dec 23, 2020
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Trademark for android applications
Philips has recently filed a patent infringement case against Xiaomi, the leading android mobile brand in India. It has approached the Delhi High Court to restrain Xiaomi from assembling & selling phones through any online e-commerce platforms and retail chains in India. After hearing the appeal from Philips, the High Court asked Xiaomi’s Indian subsidiary to maintain Rs 1,000 crore bank balance on or before December 2, 2020. 

 

To understand whether there is a requirement for a trademark for android applications, let us start by getting into the basic understanding of everything related to the trademark first.

What is a Trademark?

 In general words, a Trademark is a symbol or a phrase or a word. They represent either the company or a particular product. Trademarks also include acronyms, fonts, slogans, and even particularly designed colours. Trademarks help to differentiate the products of a particular company from other opponents. The exclusive rights are given to the owner for their product/service by Trademark examination report. No one is certified to use that particular name, design, symbol, or logo. In case of infringement or misuse, the Trademark owner possesses the legal right to take action against the third party.

Difference between ™ and ® symbols

The ™ symbol is commonly used on new designs, logos, phrases, or words by the particular association or the individual. While waiting for the Trademark reply to the examination report. A registered Trademark for a particular service/product is indicated by the ® symbol. There are different categories of trademarks. Such as sound, word, logo design, slogan, shape, emblem, letters, and many more.

get Trademark Search

The Trademark for Android Applications

Android is a free platform for everyone. It is openly available for every app inventor. One can develop apps by downloading the Android SDK and can circulate them around the planet. Millions of applications are available in Android.

It is advised to have a Trademark registration if your App has the potential to gain huge success. Because the trademark registration is not free and you have to pay for it. With trademark registration, your app is protected from third-party or infringers. By registering a trademark, you can be sure that your name is exempted for use by other developers. If an App name is close to your registered App name, then rename it. A registered Trademark is a decent way to remove other Apps which use your App’s name or design.

For unregistered trademarks, the concern of proof is very high. Maintaining, a registered trademark on the table provides the Trademark owner with additional benefits. Such as presumed ownership, more protection, and decreases the pressure of having proof. If someone either intentionally or unintentionally infringe others name or design or trademark. Then the owner forcefully eliminated the name or design and it involves legal fines and fees payment. They have to give up on all the benefits gained under unregistered Trademarks. Then they have the chance to recreate their Trademark. They need to pay for the new set of substances used for registration. In this process, there is a possibility of losing potential customers. So to avoid these sorts of incidents one should not copy others Trademark either knowingly or unknowingly.

So instead of the symbol ™, you can use the symbol ® after acquiring the Trademark Registration. A registered Trademark adds up to the prestige. Registering Trademark protects your App name or design for 10 years at a low cost. To have goodwill and trust by the customers, it is good to have a registered Trademark. Registration of Trademark develops a formless asset i.e. Intellectual Property for an individual or organization. If you want to register your Trademark in foreign countries. Then the Registered Trademark in India is the basis for the registration.

Trademark Registration in India

The first step is to have a proper name for your App. Many App developers often try to have descriptive names because it describes the App. Choose a name that would be different from the existing Apps. One you coined your App name then you need to analyze your App name. Because, when applying for trademark registration, if your App name is similar to other Apps. Then you might receive a sample reply to a trademark examination report stating to change your App name. This can be a bit frustrating because there are millions of Apps in Android.

So, to avoid this type of incident you need to make sure that your App has a unique name. You can use both online and offline modes for trademark search. It’s better to consult lawyers with experience in this Trademark Registration Field.  For registering Trademark you have to fill form TM-1. The final cost for registering your trademark App depends on how extensive and broad the App is. After the Trademark examination report is complete, it registers the trademark officially.

Conclusion

Yes, the trademark for Android Application is required. Having a registered trademark for your App in Android is quite useful. It can keep your App safe from third-party. By registering for the trademark you will be having full ownership and control over the Application. To know more connect with our team at Vakilsearch today.

Click here: Register Trademark

Is A Trademark Required For An Android Application

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Philips has recently filed a patent infringement case against Xiaomi, the leading android mobile brand in India. It has approached the Delhi High Court to restrain Xiaomi from assembling & selling phones through any online e-commerce platforms and retail chains in India. After hearing the appeal from Philips, the High Court asked Xiaomi’s Indian subsidiary to maintain Rs 1,000 crore bank balance on or before December 2, 2020. 

 

To understand whether there is a requirement for a trademark for android applications, let us start by getting into the basic understanding of everything related to the trademark first.

What is a Trademark?

 In general words, a Trademark is a symbol or a phrase or a word. They represent either the company or a particular product. Trademarks also include acronyms, fonts, slogans, and even particularly designed colours. Trademarks help to differentiate the products of a particular company from other opponents. The exclusive rights are given to the owner for their product/service by Trademark examination report. No one is certified to use that particular name, design, symbol, or logo. In case of infringement or misuse, the Trademark owner possesses the legal right to take action against the third party.

Difference between ™ and ® symbols

The ™ symbol is commonly used on new designs, logos, phrases, or words by the particular association or the individual. While waiting for the Trademark reply to the examination report. A registered Trademark for a particular service/product is indicated by the ® symbol. There are different categories of trademarks. Such as sound, word, logo design, slogan, shape, emblem, letters, and many more.

get Trademark Search

The Trademark for Android Applications

Android is a free platform for everyone. It is openly available for every app inventor. One can develop apps by downloading the Android SDK and can circulate them around the planet. Millions of applications are available in Android.

It is advised to have a Trademark registration if your App has the potential to gain huge success. Because the trademark registration is not free and you have to pay for it. With trademark registration, your app is protected from third-party or infringers. By registering a trademark, you can be sure that your name is exempted for use by other developers. If an App name is close to your registered App name, then rename it. A registered Trademark is a decent way to remove other Apps which use your App’s name or design.

For unregistered trademarks, the concern of proof is very high. Maintaining, a registered trademark on the table provides the Trademark owner with additional benefits. Such as presumed ownership, more protection, and decreases the pressure of having proof. If someone either intentionally or unintentionally infringe others name or design or trademark. Then the owner forcefully eliminated the name or design and it involves legal fines and fees payment. They have to give up on all the benefits gained under unregistered Trademarks. Then they have the chance to recreate their Trademark. They need to pay for the new set of substances used for registration. In this process, there is a possibility of losing potential customers. So to avoid these sorts of incidents one should not copy others Trademark either knowingly or unknowingly.

So instead of the symbol ™, you can use the symbol ® after acquiring the Trademark Registration. A registered Trademark adds up to the prestige. Registering Trademark protects your App name or design for 10 years at a low cost. To have goodwill and trust by the customers, it is good to have a registered Trademark. Registration of Trademark develops a formless asset i.e. Intellectual Property for an individual or organization. If you want to register your Trademark in foreign countries. Then the Registered Trademark in India is the basis for the registration.

Trademark Registration in India

The first step is to have a proper name for your App. Many App developers often try to have descriptive names because it describes the App. Choose a name that would be different from the existing Apps. One you coined your App name then you need to analyze your App name. Because, when applying for trademark registration, if your App name is similar to other Apps. Then you might receive a sample reply to a trademark examination report stating to change your App name. This can be a bit frustrating because there are millions of Apps in Android.

So, to avoid this type of incident you need to make sure that your App has a unique name. You can use both online and offline modes for trademark search. It’s better to consult lawyers with experience in this Trademark Registration Field.  For registering Trademark you have to fill form TM-1. The final cost for registering your trademark App depends on how extensive and broad the App is. After the Trademark examination report is complete, it registers the trademark officially.

Conclusion

Yes, the trademark for Android Application is required. Having a registered trademark for your App in Android is quite useful. It can keep your App safe from third-party. By registering for the trademark you will be having full ownership and control over the Application. To know more connect with our team at Vakilsearch today.

Click here: Register Trademark


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