Why no trademark symbols in app names?

Where is your app sold?

Using the ™ symbol is for inside the US, where appropriate attribution is used outside.

It can get a bit messy on the homescreen if you choose to use something along the lines of ArlosApp Pro ~ A trademark of ArloMedia Inc., registered in the U.S. and other countries.

I'd venture it's more of a common sense rule when it comes to the app name/home screen (with only so many chars to work with, best to make the most of them in the name... also for search, etc. where that symbol might be wasted), rather than something legal, etc.

Devs are of course free to complete the name string w/symbol inside your app, say on an info or about screen, if that provides more comfort. I wouldn't hesitate to add a tiny ™ to a logo/icon, however.

First, it is not a requirement that you mark all references with a trademark symbol - the purpose of 'TM' is to give notice to the user that you are claiming certain rights and that can be done within the text, withing a license agreement or elsewhere. But second, in certain countries the laws are different. I believe that marking something with the registered trademark symbol for sale in Germany, if it is not correctly registered in Germany, is a violation of German law.

I'm based in the US but my apps are sold worldwide. I could certainly spare an extra character in the app name, but I hadn't considered the implications of displaying trademark symbols in other countries.

I have recently sent my US trademark applications to the USPTO and figured I'd wait to get the results back before updating my own marketing materials (although I know I could start adding ™ at any time). I'm mainly curious why seemingly no other apps use these prominently in their app store listings. I would expect that a significant portion of companies would have legal counsel insisting that they use the symbols in this high-profile location, despite any aesthetic or practical considerations. So there seems to be a stronger reason why this is uniformly not happening.

>legal counsel insisting that they use the symbols

When an owner incorrectly uses a trademarked term it jeopardizes the trademark. I do not believe that failing to mark a title with a tm jeopardizes the trademark. Also, marking an object for sale in Germany as trademarked, when it is not trademarked in Germany, can get you in trouble for restraint of trade. Hence, no corporate counsel complaining.

Actually I think it's more complicated than that. Everything I've read says that failing to use the symbols can make it harder to defend the trademark, while there are some different rules about ™ versus ® and products sold in an EU country originating from elsewhere in the EU versus originating from elsewhere in the world. Interesting reading here:

http://www.jonesday.com/trademark_marking_in_europe/

http://www.dennemeyer.com/news-en/news/85-the-trademark-symbols-R-and-TM-why-when-and-how-to-use-them/

http://www.inta.org/TrademarkBasics/FactSheets/Pages/MarkingRequirementsFactSheet.aspx

I'd expect that at least some companies would add whatever convoluted language is needed to give themselves as much protection as possible without violating any trade laws. It seems odd that the owner of every top app I've checked would conclude that it isn't worth the trouble. But maybe that is the answer. I'd be interested to hear from other developers explaining why their companies have made that decision for their apps.

Good references. Read them. I think after reading them you will agree that what I wrote is dead on:

>When an owner incorrectly uses a trademarked term it jeopardizes the trademark. I do not believe that failing to mark a title with a tm jeopardizes the trademark. Also, marking an object for sale in Germany as trademarked, when it is not trademarked in Germany, can get you in trouble for restraint of trade. Hence, no corporate counsel complaining.

>I'd expect that at least some companies would add whatever convoluted language is needed to...

See what Apple says in that example:

http://www.apple.com/legal/intellectual-property/trademark/appletmlist.html

One more thing - the title of your app may be copyrighted but cannot be a trademark because a title is a noun. Trademarks are adjectives not verbs or nouns. You can include a trademarked name within the title. For example, you buy "Kleenex brand tissue paper" not "Kleenex".