What is the legal process for naming software products? We will be talking to lawyers at some point, but I'd like to know a little more about the process before spending a fortune on them. I realize that few, if any, people on here are lawyers, but if you've gone through any sort of legal process for naming your products, please share your experience and things that you think might be useful to be aware of. What are good questions to ask the lawyers that are specific to the software industry? Any links to resources would also be greatly appreciated.
A:
As a rule of thumb, it can't be the same or too similar to another app that performs the same function. However, the usual IANAL business applies here, and you should contact a lawyer.
Jon B
2008-11-14 20:18:23
+2
A:
It's not like any of this process is a mystery or that no one has gone through it before. Find the trademarks and patents section of your local government and start reading their publications. They will tell you everything you need to know. For the United States, you'd start at Trademarks - Where to start from the US Patent and Trademark Office, which is the first google hit for "trademark process".
Asking at Stackoverflow is a waste of your time. You could get better and fuller information faster on your own.
My true and honest advice is to not rely on any anecdotal information for any legal process. Invariably the people telling you stories are not aware of all of the legal points, are not current on the law, and often weren't directly involved with the legal process. Those who tell you stories don't know, but those who don't tell you stories know that they don't. The people who do well in these matters seek first documents and expert opinions.
brian d foy
2008-11-14 20:53:28
+2
A:
In the United States as long as the name isn't already used in the same Trademark Class for software (G009?) you're ok.
Paul Morgan
2008-11-14 20:56:47
+1
A:
The traditional spot to get legal advice from pseudonymous non-lawyers from jurisdictions with assorted laws is Slashdot, not Stackoverflow. Personally, when I need legal advice, I find a lawyer. The local bar association will usually be happy to recommend somebody with the appropriate knowledge.
That being said, I'd try to come up with some easy to spell made-up words that don't sound dumb, and Google them, looking for one with few or no hits. Either before or after talking to a real lawyer with real legal experience with your locally applicable laws.
David Thornley
2008-11-14 21:40:23
A:
Disclaimer: The following does not constitute as legal advice
Picking the name for software is mostly a marketing issue.
That goes without saying that you should not pick a name similar to your competitors or another name that infringes on the goodwill created by another trademark.
As far as process goes:
- Think of a mark you'd like to use
- Check to see if it's taken USPTO Trademark Search Site
- Apply! USPTO Workflow sheet for trademarks
Your lawyers will take care of 2 & 3 generally, but it wouldn't hurt to search on your own - mostly because its cheaper.
If you happen to pick a name and someone does think you're infringing, good faith is one of the factors used to determine liability. Which means, don't pick a name knowing that it may be close to your competitors or a famous mark in the marketplace.
Jordan L. Walbesser
2008-11-19 17:48:52
+1
A:
Slightly off-topic: throw a candidate name on stack overflow, and see if your new name means something funny in a foreign language.
Fiat, the Italian car manufacturer, once launched a car named 'Croma', which is also a type of butter on the Dutch marked ...
Gerrit
2008-11-27 21:32:30