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Why is "todo" a trademark that I can not use in my app in the App Store?

  • This morning, I received an email from Appigo, Inc notifying me to stop use the word "todo" in my App name in the App Store because they holds the "TODO" trademark. My App name in the App Store is "Voodo - Easy Todo". Appigo suggests me change it to "Voodo - Easy To-do". First of all, the email is polite. However, I just can't understand the logic: 1. "Todo" is such a common word all over the web(for example, "Todo" is the topic name here), how could one want to prevent all others from using it? 2. His concern is name confusion. But it is very clear that "Voodo" is the real App name and "Easy Todo" is just an explanatory subtitle. Are people really going to be confused by this? Not to mention that Appigo's app is always the first one in the search result list of "todo" in the App Store. Do they expect to see their app is the ONLY one in the search result list of "todo"? 3. Their president told me that "the proper English way of spelling a "to-do" list uses a dash". I'm sorry I'm not a native English speaker. But here is what shows up in my Dictionary on Mac which uses New Oxford American Dictionary:     to-do |tÉ™ ˈdu|     noun [in sing. ] informal     a commotion or fuss : he ignored the to-do in the hall. So is "to-do" really a proper English way of spelling for what we mean of "todo"? I almost know nothing about this trademark thing, and really hope law experts can help explain whether we(I and authors of many other todo apps using "todo" in their names) can legitimately continue using "todo" in our app names(or any places in our apps). Thanks a lot.

  • Answer:

    They are within their rights to ask you to stop using their trademarked word. Here is a the trademark registered with the United States Patent and Trademark Office. When you see a capital R and a circle, that means it is a registered trademark and you may not use it without the trademark owner's permission. http://www.appigo.com/todo I'll leave your question #1 to the advice of an attorney as to the why's.

Garrick Saito at Quora Visit the source

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Other answers

Appigo is being civil. They sent you a cease and desist letter before they sent one to Apple. Would you like to lose revenue, have to resubmit your app and you have to pay compensatory damages? When trademark owner sends a C&D letter to Apple, Apple is swift. The app is removed. See: My advice, is to change any and all wording  that says "todo" unless you are specifically referencing the todo/GTD category. I would change my app description too. (I noticed that in the App Store you are now Voodoo - To Do List.) It doesn't matter what other people do. Appigo may have also sent other infringers a C&D letter too. Stating that "others are using it" is along the same vein as "officer, other people were speeding..." Change your wording then contact an attorney if you believe you are entitled to use "todo." I side with . A trademark owner has the fiduciary responsibility to defend their trademark.

Roderick Chow

I wouldn't just take Garrick's answer for it; according to http://www.chillingeffects.org/trademark/faq.cgi#QID216 it sounds like your are perfectly fine using 'todo' as you are -- it's a descriptive-term of the product you make, which renders it a word with no real protection.  Just like in the example from the URL I cited, you are using 'todo' the way the example uses 'diesel' on gas pumps.

Brandon Gresham

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