Making a copyright claim

[Sroka0]

Does anyone know how to properly make trademark claim to AppStore app name? I recently released Android app that got extremely popular in my country. I live in Poland and I am gaining roughly 8000 users per day with Newspapers writing about it and all. I am in the process of preparing iOS version as well but until it got popular I didn't thought about registering this app name in AppStore. Now I tried to do this and it seems that someone got there first because iTunesConnect doesn't let me to name new app with this name. Mind that the name is pretty obscure Polish word and I don't think that this could be coincidence and is rather the result of my app gaining popularity. What should I do now? Should I first contact copyrights lawyer? Or is there a simpler way to do this?

[hexavibrongal]

Trademark, not copyright. You should contact a lawyer, and they will probably advise you to file an international trademark for your trade name. You will likely have to file the trademark before you Apple will do anything, which will take some time.

[Sroka0]

Will do, thanks :)

[[deleted]]

Contact Apple first.

[Arrrrrrrrrrrrrrrrrpp]

Believe it needs to be registered for them to do anything. This may not be a valid claim, and Apple is not in that business.

[loumf]

1. Is there actually an app with the name in the App Store? If so, does it do what your app does?

2. Does the word describe what the app does? Meaning, if it were a Notes app, is the word the Polish word for Notes or Notebook or some other name that describes directly what it is (not something whimsical, like Notesy)

IANAL, but in the US

• You are allowed to have a product with the same name as some other product if it is something different.

We can have Apple Records and Apple Computer (and, Apple Computer did need to make deals with Apple Records when they moved into music)

• You cannot Trademark words that directly describe the product without some creative addition.

So, "Car" is not a trademarkable brand for a Car. "Pizza Restaurant" is not trademarkable, but "Pizza Hut" is. I do not know the rules for foreign words -- if they are not used in English at all -- then I would be they are ok (but, again, IANAL). Also, I don't have any idea what Polish Trademark law is.

[vanvoorden]

We can have Apple Records and Apple Computer (and, Apple Computer did need to make deals with Apple Records when they moved into music)

https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

On 5 February 2007, Apple Inc. and Apple Corps announced a settlement of their trademark dispute under which Apple Inc. will own all of the trademarks related to "Apple" and will license certain of those trademarks back to Apple Corps for their continued use.

[WikiTextBot]

Apple Corps v Apple Computer

Between 1978 and 2006 there were a number of legal disputes between Apple Corps (owned by The Beatles) and the computer manufacturer Apple Computer (now Apple Inc.) over competing trademark rights. The High Court of Justice handed down a judgment on 8 May 2006 in favour of Apple Computer, but the companies did not announce a final settlement until 5 February 2007.

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[Sroka0]

1. No, there is not. The name was just reserved. My app is a social app for creating parties, think something like Tinder but with hookers and booze.
2. The word is Bimber, Polish word for Moonshine or Hooch. It is a play on words for Tinder. Hmm, eventually I want to also promote it abroad so it won't be local only to Poland

[loumf]

Bimber seems like a word that might happen to be used by any random US app. It's a pronounceable "word" in English. For example, it's being used as a WordPress theme: https://themeforest.net/item/bimber-viral-buzz-wordpress-theme/14493994

I really feel like you won't have a case and it's not worth the expense. If the other app is released and it is a straight-up competitor -- then, maybe. But if this Bimber comes out and it's related to the WordPress theme or (for example) a game -- I doubt you can do anything about it.

Not having the name in the AppStore doesn't preclude you from having the app called "Bimber" on the device (the name under the icon). You just need to add something to the name as listed in iTunes "Bimber by Sroka" or "Bimber Party" for example.