I hope this is the most appropriate place to post this. I have a game called for the iPad on the iTunes store. I’m getting close to submitting the iphone version. I want to give it a certain name. There is nothing on the iTunes store with that name. There is, however, a game of the same name that looks like it was developed for the Xbox community (XNA.)
Now granted there may be confusion if people are googling the name but I can live with that. I’ve seen many games over the years which have been developed by different publishers with the same names. Given that and the fact that the name I want for the game appears to be available on iTunes, is there any copyright reason anyone can think of why I shouldn’t use it?
™ used to the registered mark somewhere, I thought USA, but not now. ® is the registered trade mark symbol.
It is a good point that unregistered trade marks do carry some weight. Using the same name as another game, even on a different games system could come back to bite the original poster. I would search for an alternative name.