Q: Hi! I am starting an app called align. It will be in the fitness space. Can I trademark the name even tho there r others
I see many align trademarks, so wondering if it is industry that sets them apart or if it's the font? I assume there must be a defining feature to allow them to trademark so many versions of "align".
Also wondering with a tech app, will I need intellectual property or any other form of legal protection?
A: Trademarks are differentiated by "Class" -- When you submit an application for a trademark registration, you must specifically identify which stream of commerce you are using your mark, and if the USPTO finds that there is no likelihood of confusion with another existing mark, you will be granted a registration. Generally, the more "fanciful" (i.e. unique) a word is, the easier it is to receive trademark protection. By contrast, the more generic or common a word is, the more difficult it will be to protect. For your purposes, a word like "align", particularly in the fitness space is hardly unique. Moreover, the word "align" alone is so common that it's not surprising that there numerous registrations already out there. You'll make things much easier on yourself if you come up with a more fanciful name to begin with. If you'd like additional advice on this topic, feel free to email me at: jason@altviewlawgroup.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
