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1 year, 7 months ago

Can we use "US Army" name in a commercial product? I want to use "US Army" in the name of my iPhone App.

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albanian's Avatar
albanian | 1 year, 7 months ago
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For something like this, you have to consider whether the name is confusing to the customer or not. You can't, for instance, name your new pocketknife a "US Army knife". You could, however, name your new video game "US Army VS the Martians!" because that would be a reasonable use that would not confuse anyone. If your iPhone App is not a game or history program or such like then think about what your product is. You cannot try to pretend it is an army product.

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philipy | 1 year, 7 months ago Report

@albanian points out the key issue.

The point of trademarks is to stop people giving the impression, even unintentionally, of representing an organization they don't represent.

You'd need to check with a lawyer if you really want to be sure the name is ok, but my bet would be that it falls in a questionable area. Some people seeing US Army: XYZ might well think XYZ is connected in some way to the US Army.

I don't see why you really need to use that specific title anyway, it doesn't seem all that catchy or informative.

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cando | 1 year, 7 months ago Report

My app is a game. I am trying to call is "US Army: Final Fight". So will the US Army have any problem with the name? Will I be violating any copyrights or trademark? The game is not affiliated by the US Army.

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albanian | 1 year, 7 months ago Report

(Disclaimer: I am not a lawyer)
I think that would be a legitimate use. However, it so happens that the US Army has its own video game out, so maybe they would be sensitive and claim there could be confusion. If you are on a budget, you might note that it is extremely unlikely that they would sue you, instead they would send you a cease and desist letter telling you to change the name. But you could spring for a trademark lawyer's opinion if you are worried.

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alianswers | 1 year, 7 months ago
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You cannot use any other company's registered trademark without their permission, even on an iPhone app. You should consult a trademark lawyer.

Asking permission to use someone else's trademark isn't hard, however, there is no guarantee they will grant it. Also dealing with the US Army may involve more red tape because they have protocols and an image to protect. Others who own a trademark may allow you to use their registered mark for a licensing fee which could put a damper on your iPhone profitability.

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mariaorlovatm | 1 year, 7 months ago
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Yes as "alianswers" said, it is recommend you consult a licensed trademark attorney first. Frequently Asked Questions about Trademarks here: http://www.trademarkia.com/faqs/index.aspx

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brendonbarnett | 1 year, 7 months ago
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Firstly, the actual name is "United States Army" or "U.S. Army" for short. Perhaps removing the periods as you have done is enough. Second, a copyright is for "original works of authorship" not of names. Copyright is for things that are actually produced.

If you are concerned about using the name of another entity, you must look into trademark issues. The "U.S. Army" has registered their logo, which includes the words as a trademark. However, when registering a trademark for a logo, you are protecting the design, styling, etc. of the words, not the words themselves. The U.S. Army has not registered the color of their logo as part of the trademark. Also, I'm not sure the name U.S. Army has been or even can be trademarked, since it is a government agency. (You would need to look into that) You can find the details of the trademark here:

http://tess2.uspto.gov/

With that said, a trademark is connected with the services offered by that entity. "A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others." You should be able to utilize the name of the U.S. Army in your app since you are not competing for the same goods and services. For instance, if I have an app titled, "U.S. Army Recruitment Office Locator," you should be fine.

The easiest thing to do is call a local trademark attorney and get some advice. They will probably have a quick answer over the phone and you won't need a consultation.

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brendonbarnett's Avatar
brendonbarnett | 1 year, 7 months ago Report

I can't say for sure, since the U.S. Army does release their own games for recruitment purposes. As I said before, "US" without the periods might be enough to avoid trademark issues. Why not avoid the whole issue and just use some sneaky marketing and change the title slightly to something like, "Army of US: Final Fight." You can get the play on words and still have US and ARMY as keywords in your app.

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cando | 1 year, 7 months ago Report

My app is a game. I am trying to call is "US Army: Final Fight". So will the US Army have any problem with the name? Will I be violating any trademarks? The game is not affiliated by the US Army.

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moulinneuf | 1 year, 7 months ago
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Use Canadian Armed Force instead , it,s much better ;-)

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albanian's Avatar
albanian | 1 year, 7 months ago Report

They might not like it either. Now if he picked the Chinese Army, they'd need a lot of nerve to complain about trademarks.

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