Change is coming!

On this historic inauguration day, it’s easy to get caught up in the excitement and hope that surrounds a new beginning.  I know I am.

In fact, I’ve got an announcement of my own…I am proud to introduce a new Indianapolis-based Intellectual Property law practice, KLF Legal.

The practice is centered upon the importance of helping our clients acquire, maintain, monitor and enforce their intellectual property rights.  I aim to provide a level of service and engagement unrivaled by existing intellectual property professionals. We utilize the latest technology and legal resources to achieve these goals.  I serve businesses, non-profits, artists and entrepreneurs…because these are the people who will be instrumental in turning that hope of a bright future into a very bright reality.

This blog will focus on intellectual property and technology issues of particular importance to our clients.  I hope this blog, together with our website (http://www.klflegal.com), will serve as a comprehensive and helpful resource for clients and visitors alike.

The author, Kenan Farrell, is a registered patent attorney and a member of the Indiana bar. I previously served as Chairman of the IBA Intellectual Property Committee and currently sit on the board of the IBA Solo and Small Practice Committee.  I am a frequent author and speaker on intellectual property and internet law.

Thanks…I look forward to working with new and existing clients, colleagues and friends, as we venture forth into a bright and exciting future.

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Follow on Twitter:  @klflegal

Trademark Protection of iPhone App Logos

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Apple recently announced that there are now over 15,000 apps available on the iPhone, with over 500 million (!!!) downloaded since the App Store opened on July 10, 2008.  This seems to me a fairly definitive indication that users are loving the apps and all the additional functionality they provide.  In fact, it’s already hard to remember the iPhone pre-App Store.

500 million Apps downloaded since July 10, 2008

Of course, each of those 15,000+ apps is represented on the iPhone screen by a logo.  Moreover, each of these logos is a trademark.  With over a half billion downloads, it’s pretty clear that consumers are interacting with these trademarks on a regular basis.

This post is meant to serve as a reminder to small businesses, in particular small web/tech firms who are developing apps for the iPhone, to not underestimate the importance of protecting their logos through the trademark registration process.

Some companies use an app logo very similar or identical to their main business logo (i.e. Yellowpages.com, Myspace, Google Earth).  However, I’ve noticed that several (most?) apps are using different logos.  For example, here is the Safari logo as it appears on a Mac.  This logo is registered by Apple.

Safari design mark

On the other hand, here’s the Safari logo as it appears on the iPhone.  Surprisingly, I haven’t found either a registration or application on the trademark database.  That seems to be the case for several popular iPhone app logos.

Safari iPhone app

So is it worth it to obtain federal trademark registration for an app logo?  That’s a discussion for another post, but given the phenomenal rate of downloads so far, it seems like a foregone conclusion.  Companies struggling to find a market before may suddenly have an audience in the millions.  It’s not improbable that your app logo will become more recognised than your primary logo.  And if you’re a web/tech company who doesn’t have an iPhone app yet, be advised that you’re passing on a growing and highly enthusiastic market.