Can I Trademark Software?
No. But you can trademark its branding.
You cannot trademark software itself, since the software is a product and not, in and of itself, used to brand or market the product. However, you can trademark the name of the software, any logos associated with the software, and any slogans associated with the software so long as you’re using those things to brand, market, and sell the software. As with all other trademarks, you’ll want to make sure the names, logos, and slogans are unique and not generic or merely descriptive.
As for protecting the software itself, the code (the original parts of it at least) are most likely to be protected by copyright law while the program itself can be patented if you believe software patents are actually worthwhile. The software’s GUI cannot be trademarked, but decorative non-functional features of the software may be trademarked as trade dress, and might be eligible for copyright and design patent protection.
If you are a software developer who wants to protect the intellectual property of your new product, contact us today to speak with trademark attorney Eric Norton to discuss the importance of a comprehensive trademark clearance search and how to best go about trademarking your program’s name, logo, and slogan. Else if you believe that software patents are a valuable tool, then you may want to contact a patent attorney first.