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I'm doing a crossplatform software, for now unreleased.

I have created the software (is a backup platform), the website, the logo and everything else anyone should have for making a successful application.

Worth noting that all is unreleased, and exist for now only on my PC.

Surfing the web searching for a good web domain to register I've found that a Dutch ISP has the same name of my application, and it's site (off course) has MY-WANNA-BE-APPLICATION-NAME.nl.

At the end of the site's footer theres:

MY-WANNA-BE-APPLICATION-NAME 2017 ©

I've not released all my work yet, so I could easily change it. But I would be very sad, cause I like a lot that name.

I really don't know anything about trademark or copyright so I'm asking: can I have issues if I use that name to release my application on various store (NB: there's no "conflicting" app with the same name) and/or if I want to protect/register my application/application name legally speaking?

closed as off-topic by Nij, Pat W., Singulaere Entitaet, feetwet Aug 19 '17 at 10:05

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My guess is that an ISP and an app would be the same market for trademark purposes and that there could be a violation of trademark claim filed.

The question would be the geographical scope of the Dutch trademark. If it is global, you are screwed. If it is national and limited to the Netherlands only, you would have to find some way to not market your app in the Netherlands, but would otherwise be O.K.

My practical advice would be to get another name.

  • Other name -> other similar problems. I guess I'm in trouble! Thanks for replying! – Alex DG Aug 19 '17 at 15:58

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