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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47349
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I want to make an app that has the same name as a popular

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I want to make an app that has the same name as a popular drink. The drink's name is ***** ***** word, which is in the dictionary, so the company by no means 'own' its use. If I never plan to sell drinks or impinge upon their territory, can I call my app this generic word?
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
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Expert:  Nicola-mod replied 9 months ago.
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Customer: replied 9 months ago.
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Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. This should be no problem as long as there is no association between your app and their brand. For example let's use the word Sprite - a popular drink and also a normal word found in the dictionary. You can certainly call an app Sprite as long as it is not in any way linked to the drinks market or use any labels or logos which will link it to the trademark of the Sprite brand. There are numerous companies in the UK which have the name Sprite in their name and they are all working legally and without any issues. So it is not the simple use of the name that can be an issue but how you use it and whether it can be confused with the brand which would be protected. Therefore, let's say you had an app which you called Sprite and it showed local builders then there is nothing that can link it to the brand Sprite or confuse customers that they may be dealing with the official Sprite brand.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 9 months ago.
Hi Ben,Thanks for your reply, it is both informative and thorough. Your example makes perfect sense - my app will have no affinity with the drinks brand, nor will it sell drinks. It's an discount/offers app, which in nature is more broad than the drink sold in the UK and abroad. Drinks may end up being discounted on it, but I'm fairly certain consumers wouldn't confuse it with the drinks brand itself. I'm sure the same applies from your Sprite example?I'm happy to give you 5-stars and use your services for future correspondence.
Expert:  Ben Jones replied 9 months ago.

yes my original answer still stands, thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47349
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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