tiny TM or the copyright symbol at the end of an app name?

Discussion in 'Public Game Developers Forum' started by Syndicated Puzzles, Aug 7, 2012.

  1. Syndicated Puzzles

    Syndicated Puzzles Well-Known Member

    Now that it is getting harder to find a great IOS name for an app I was wondering how to submit an app with the tiny TM or a tiny copyright symbol at the end of an app name Flashlight TM or Mirror R with a circle. Also wanted to know if you use these symbols if Apple actually verifies if you own the trademark or not. I know how to use the commands to create these two symbols but I was wondering if their is more to creating these types of app names.
     
  2. Zenout

    Zenout Well-Known Member

    I hate those tiny (x)(y)(z)'s in game names! And can't wait to rename them when they appear on my 'gaming machine', as I'm sure 99% of any dev team would given the choice. Drop the the...would be an understatement in regards to ugly registered trade marks etc. in app names. Well maybe it's just me but I prefer clutter-free.

    Also, lots of mentions recently that the app name is I guess 50% key to your search results. You could instead follow your app name with a colon :)) and then a short description. Personally I am happy to stick with one simple word with the next game, but in this case am not taking own advice (which read on twitter, not technically my advice).
     
  3. Devcade

    Devcade Member

    Feb 23, 2012
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    What's the point? Only one particular name is allowed in the App Store. Once submitted,
    nobody else can use the same name.
     
  4. schplurg

    schplurg Well-Known Member

    I would think that since Apple doesn't care about copyright infringement that they would care even less about trademarks. They won't check who owns a TM, heck they don't even care who owns the game itself.

    Somebody else will probably care though. Trademarks are expensive and difficult to get, so someone may do some investigating if they see "Flashlight(R)"

    Are you saying you want to put a TM next to an app name that you don't own a trademark for? That's kind of what it sounds like, sorry if I'm mistaken. That would be fraud and, at minimum, would reflect poorly on your company.

    I don't think there is any trick to adding it to your app name. EA use the symbols in some of their titles. Daredevil Dave is registered, but I don't know that it needs to go in the app name. I see no point to that (unless my attorney tells me to).
     
  5. schplurg

    schplurg Well-Known Member

    Exact name, yes. Change a symbol, add a word...
     
  6. PikPok

    PikPok Well-Known Member

    Nov 26, 2009
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    No, it wouldn't be. It is merely a claim to a trademark, not an indication of a formal registration.

    Having an (R) symbol at the end of your game name without having registered would be misrepresentation (though don't know it constitutes actual "fraud").
     
  7. schplurg

    schplurg Well-Known Member

    #7 schplurg, Aug 7, 2012
    Last edited: Aug 7, 2012
    It would be if someone already owned it. I'm not a lawyer, so maybe not technically fraud, but maybe. Try putting Tetris (R) or TM in your title name.

    Wasn't being careful what I typed though...the R would be the problem. I think getting caught in either case could only be bad for business though.
     
  8. PikPok

    PikPok Well-Known Member

    Nov 26, 2009
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    Well, you weren't really clear with what you were saying. In that case, there would be an issue.
     
  9. schplurg

    schplurg Well-Known Member

    True. I'm kinda movin fast tonight ;) But putting TM in your app title doesn't keep anybody else from using the mark, at least as I understand it. I just don't see the point in doing it for that purpose.

    I hire an attorney for this stuff, I'm no expert haha. Trademarking is not for the faint of heart.
     
  10. PikPok

    PikPok Well-Known Member

    Nov 26, 2009
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    Claiming it as a mark is necessary if you ever want to defend that mark. It isn't pointless, but it is a lot weaker than actually registering a mark.
     
  11. Syndicated Puzzles

    Syndicated Puzzles Well-Known Member

    #11 Syndicated Puzzles, Aug 7, 2012
    Last edited: Aug 7, 2012
    We are about to release a word game and the name expired on us. We have the trademark in several countries for that game and i simply thought it would be easier to call the app xyz TM instead of haggling with apple to get the name back?

    My question really is how do I get the real TM symbol at the back of the app? The small TM symbol?

    Anyone needing a trademark Wendy will look after you and go to bat when issues arise. We built this app with her.

    http://itunes.apple.com/us/app/trademark/id448024488?mt=12
     
  12. nvx

    nvx Well-Known Member

    Jan 7, 2011
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    Look for the the ascii characters in tables

    these should work correctly with app names on appstore: (copy/paste as needed)
    ©
    ®
     
  13. NickFalk

    NickFalk Well-Known Member

    Is this accurate? My understanding is that strictly legal speaking (R) isn't any stronger than TM. It makes sense however that if you should ever end up in a legal battle that a registered trademark would be easier to defend, simply because it would be easier to document the ownership/date of the trademark.
     
  14. Zenout

    Zenout Well-Known Member

    When I once investigated this, if a TM is displayed then it is an indication that a trademark has been applied for. You may only display R if it was granted. This was a few years ago. I could be incorrect on any of this...It is the owners responsibility to defend infringements too.
     
  15. nvx

    nvx Well-Known Member

    Jan 7, 2011
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    (R) can only be used for Registerd trademarks
    Otherwise TM can be used

    From what I recall since the last time I did research on this, TM should be used for names/logos which may in the future become officially registered, because whichever company/owner claimed trademark first (by using the TM symbol) will get precedence over disputes arising from unregistered claims

    Everyone can use TM symbols everywhere, but only Registered trademark owners have any real claim over them.
    Which means, displaying TM is not legally secure and cannot be considered a replacement for actually registering

    Fair warning:
    I'm not a lawyer either :)
     
  16. Devcade

    Devcade Member

    Feb 23, 2012
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    Companies like trademarking long phrases, like slogans. That's fine.

    But appStore names should be kept short, like one or two words, otherwise, the
    text isn't going to fit next to your app icon.

    And I think it's pointless to try to trademark a short name, because you can't
    stop people from using common everyday words. With over a half million apps,
    I think it's pointless.
     
  17. Syndicated Puzzles

    Syndicated Puzzles Well-Known Member

    #17 Syndicated Puzzles, Aug 8, 2012
    Last edited: Aug 10, 2012
    I think everyone is missing the point of adding a TM OR (R) It does allow devs to register
    to the point names that are already used.

    Even though the developer doesn't have that IP name protected. Some companies are getting great app names this way. Also it makes the app seem official.
     
  18. Zenout

    Zenout Well-Known Member

    I don't think anyone finds it to be...gentlemanly. I know the store is hard but I for one would rather lose app name then find one that way.

    The file name is to inform the player of the file name. It assist them in finding the game, both on desktop and AppStore.

    The only use for those symbols would be in a search filter, to not display any files containing spam characters :-D
     
  19. ReignDesign

    ReignDesign Well-Known Member

    Dec 21, 2009
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    Trademarks

    As PikPok said, there's a big difference between the (TM) and the (R) symbol. See http://lahserpatent.com/tm-symbol/ for some details.

    We actually went through the process of applying for a registered trademark (the R symbol) for our Pig Rush game. It's very slow (takes almost a year) and costs money, but it could be useful if you're concerned about people infringing on your app name. It's easier to get app stores or social networks to remove copycat games if you have a trademark registration. Also you get an awesome certificate with a golden stamp :D http://www.reigndesign.com/blog/its-official-pig-rush-is-a-registered-trademark/

    That said, unless your brand is already very famous, I can't see much advantage in putting the (TM) or (R) actually in the brand name. Only 3 apps in the US top 100 use (R) http://www.appannie.com/top/
     

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