Ask HN: Competitor lifted app concept and name and filed trademark

Mostly, nobody cares about the name 'chowder' unless your app is a soup or stew. It's not worth delaying launch or lawyering up over at the scale of a side project.

Good luck.

If you were using it in the right way prior to your competitor, you could have rights to block them. (If you haven't launched in the US, chances are you haven't used the mark in the right way.)

Right now, their application has been published for opposition. You could attempt to block the registration by filing an opposition before the Trademark Trial and Appeals Board. You could also sue them for trademark infringement in state or federal court or use your prior use to defend against a claim by them for trademark infringement.

All of this, of course, costs a lot of money. Is it worth it to you to spend a ton of money to protect this name? My guess is no.

Happy to answer additional questions (either on here or you can email me).

And in there statement of use it says: The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/22/2016, and first used in commerce at least as early as 08/22/2016, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) specimen-a.jpg: Screenshot of "www.chowdr.us" website using mark specimen-b.jpg: Screenshot of Google Play Store using mark specimen-c.jpg: Screenshot of Apple App Store using mark.

So if you used it before august 22, 2016 you should fight it!

That said, my understanding is that, in the US anyway, you gain a trademark simply by the act of using a "mark" in, well, trade. Even if you don't file for a registered trademark, you still have a trademark if you've been using the mark in trade. What I'm not sure about is exactly what counts as "in trade". If your product isn't launched yet, but you have a website up with a a landing page, does that count? I don't know. That's the part where you need to consult a real lawyer.

I'm also not sure if you have any specific recourse to block your competitor from obtaining a registered trademark which is confusingly similar to your own trademark. This is another place where you need real legal counsel.

At this stage I'm thinking we should just rebrand.

Why should you rebrand? Assuming you really were using the name first, you probably have grounds to stop these guys from using it. Go talk to a lawyer who specializes in "IP stuff". Hey, best case, maybe this will be one of those deals where just having a lawyer send a threatening sounding C&D letter to the other group will result in them backing down.