Philadelphia, PA asked in Intellectual Property, Trademark and Business Formation for Pennsylvania

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?

1 Lawyer Answer
Jason Brooks
Jason Brooks
  • Trademarks Lawyer
  • los angeles, CA

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:

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