Is there a trademark to register? or How we were forced to change the name of the application

    Hello, Habr! Today I will tell you a scary story.


    One morning, when I opened my mailbox, I saw two letters of similar content: "You received a trademark complaint." The first was from Apple's legal department, the second from a robot from Google. But let's talk about everything in order.



    I started developing the Galileo application back in 2010. It was a simple application to view and cache OpenStreetMap maps. Then, before the release of the application, it was necessary to choose a name. To make it easy to pronounce and remember, there was some kind of reference to maps or travel, etc., the name Galileo fit perfectly. When I thought about registering a trademark, at first I dismissed this idea. Galileo Galilei is a historical figure; they are unlikely to be allowed to register any rights to his name. And what right do we have?


    Galileo Galilei (1564-1642), woodcut, published in 1864. ZU_09 / Getty Images


    As it turned out, very in vain. It was possible and necessary to register, and not the whole name, but only Galileo, together with the scope. Then, returning to the idea of ​​a trademark, I asked friends: did anyone register a trademark for their applications? Everyone was in a hurry to buy a domain, register accounts in social networks, and stake out a good name in the store. None of the respondents contacted with trademarks.


    Satellite Galileo © ESA


    At the end of 2016, the Galileo global satellite navigation system was officially commissioned. New satellites are launched into space, Galileo-enabled devices are released, and many news about Galileo are published. We naively rejoice at the great name. After all, a lot of users come to our application and we are No. 1 at the request of "Galileo". Is there a trademark to register? Why, we are a modest application for tourists, and they are a satellite navigation system. No crossing the field of use, we thought.


    In January 2019, the Galileo and Galileo Pro Android apps were discontinued in the European Union.


    Email from Google

    This is a notification that your application, Galileo Offline Maps and Navigation, with package ID com.bodunov.galileo, has been removed from Google Play in the following locale (s): AT, BE, BG, CY, CZ, DE, DK , EE, ES, FI, FR, GB, GR, HU, IE, IT, LT, LU, LV, MT, NL, PL, PT, RO, SE, SI, SK


    REASON FOR REMOVAL: Alleged trademark infringement.


    Google has been notified that aspects of your application, Galileo Offline Maps and Navigation, allegedly infringe upon the trademarks of others, and it has been removed from Google Play due to a violation of the Developer Program Policies.


    All violations are tracked. Serious or repeated violations of any nature will result in the termination of your developer account, and investigation and possible termination of related Google accounts.


    You may contact European Union - European Commission at [removed email]. If European Union - European Commission contacts us specifically authorizing your app to be re-published, and your app does not otherwise violate the Developer Distribution Agreement and Content Policy, we will reinstate the app.


    Please note that we have included a text copy of the Infringement Notice we received for your reference. If you have any further concerns about this issue, please address them directly to the complainant in the Infringement Notice provided below.


    The google play team


    Following him came a letter from Apple with similar content. Apple, unlike Google, did not begin to remove the application from the store, but began the proceedings and invited the parties to agree, showing who had which brands and where to resolve the issue peacefully. The trademark for the word "Galileo" under the number 017287129 was also mentioned there . This trademark limited the use of the word Galileo in devices and applications related to navigation or recording tracks, and much more.


    Scopes of the trademark 017287129

    9Software, receivers and other devices using satellite signals or transmitting the signals to the satellites, position and navigation apparatus; Receivers and other devices using satellite signals or transmitting the signals to the satellites, position and navigation apparatus; Magnetic data carriers solely for activities relating to positioning, guidance and transmissions of data and satellite services; Electronic positioning and guidance systems; Satellite navigation equipment; Position determination-, navigation-, satellite navigation-, and radio navigation computer software (recorded programs); Database containing navigation data; Satellites; Satellite earth stations; Satellite navigation devices; Satellite apparatus (receivers, transceivers, processors, transmitters); Satellite navigation system namely a global positioning system.
    39 Navigation services using satellite based positioning systems; Collection, provision, distribution, processing and interpretation of navigation and other data transmitted by Global Navigation Satellite Systems signals.


    After a meeting with familiar lawyers, it was decided to change the name. The chances of winning a lawsuit against the European Space Agency are void, and there was nothing to go to court with. Yes, we had an application before the application was submitted, but the deadline for submitting the objections had expired and it was hardly possible to do anything.


    In order not to be in such an unpleasant situation, you need to check existing brands in the EU and the USA and, without delay, register your own. In the EU, it costs from 850 euros, in the US $ 225-400 for each class.


    What ended this story? The Galileo Offline Maps app has become known as Guru Maps . The ban on the sale of Google Play lifted. Users were sympathetic and the level of downloads changed slightly. At the request of "Galileo" we are still No. 1 in all stores.

    Only registered users can participate in the survey. Please come in.

    Is a trademark registered in the name of your project?

    • 11.1% Yes, registered 12
    • 29.6% No, and I will not register 32
    • 59.2% No, but thought about registering 64

    Also popular now: