-2

we are currently developing a mobile-App for Android and IOS and we would like to use a name for this application, that already exists: "YouTrack". BUT of course our application has nothing to do with the existing app. The existing app is for tracking issues in software, our app is for motorsports.

Is it safe to use the name for our Application?

4
  • 2
    Is there a reason you absolutely have to use the name? Legality aside, you may have issues with the app store. Commented Jun 20, 2023 at 9:06
  • Why is this tagged with germany? It’s more likely you’ll get sued in the US regardless of the company’s registered place. Commented Jun 20, 2023 at 11:17
  • 2
    @KaiBurghardt Why would a Czech Company sue a German company over their competition in an EU store in the US?
    – nvoigt
    Commented Jun 20, 2023 at 12:46
  • we had a list of possible names and that one we liked most. it is tagged with "germany" because we are in germnay, thought this would be helpful for answering.
    – mech
    Commented Jun 20, 2023 at 21:44

1 Answer 1

2

Is it safe to use the name for our Application?

YouTrack is a registered trademark of another company producing software.

Said software is 14 years old, so there is no question here of who came first.

The trademark is valid in the EU. In Germany specifically, this is covered by MarkenG.

You using the same name for your software as the one registered as a trademark for their software goes against many of the points, but the most obvious one is

(2) Dritten ist es untersagt, ohne Zustimmung des Inhabers der Marke im geschäftlichen Verkehr in Bezug auf Waren oder Dienstleistungen
1.
ein mit der Marke identisches Zeichen für Waren oder Dienstleistungen zu benutzen, die mit denjenigen identisch sind, für die sie Schutz genießt,

Translated:

Third parties shall be prohibited, without the consent of the proprietor of the trade mark, from using in the course of trade in relation to goods or services
1.
Use a sign identical with the trademark for goods or services identical with those for which it enjoys protection,

So the name is in no way "safe".

Given that there is "YouTrack", "uTrack" and even "u-track" already, don't you want a unique brand people can recognize as yours? Isn't that the point of a name?

1
  • thank you, that really helped. Because of your post, I've also found the databases where i can search for registered trademaks.
    – mech
    Commented Jun 20, 2023 at 21:42

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .