How to Trademark
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to Trademark
We want to trademark our company that is about to be developed. How do we know if our name is too generic to trademark? Should we trademark the name of our app before developing it?
Asked on July 18, 2016 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no hard and fast rule for when a name is too generic (it is a subjective determination), but if it's a common, logical, or obvious way to describe what your product does, it probably is. Think about "Facebook," "Uber," "Twitter", all of which are trademarked: none is a generic term like "social media," "ride sharing," or "broadcast short texts." Rather, even if evocative of what they do, they in no way describe or act as a category name.
Trademark is based on use in commerce: you can only trademark when you have started to sell, or at least advertise, products or services with the mark, or at most 6 months prior.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.