Trademark law
Trademark law offers the developer the possibility to protect not only the name of his app, but also the logo. The trademark owner is entitled to prohibit others from using his trademark. Trademark protection is possible throughout Germany, Europe and even worldwide. Whether a name and a logo can be registered as a trade mark, however, depends on a number of conditions. For example, the name and logo must not already be protected under trademark law or be merely descriptive. It is advisable to carry out a trade mark search beforehand or have it carried out by a professional to ensure that one’s own app name does not infringe on older trade marks when applying for a trade mark.
Patent law
A software programme as such cannot be subsumed under the term technical invention and is therefore not patentable as a rule. Only if the solution of a concrete technical problem is achieved, a novel invention would be possible. What does this mean for apps? The case law on conventional computer programs can be applied to modern apps. What matters here is that the app not only contains an innovative function, but that it also solves a specific technical problem. This is unlikely to be the case for most apps, which is why patent law is usually not relevant.
Design law
In addition, legal protection of the visual appearance, i.e. the design of the app, can be achieved via the law on the legal protection of designs (formerly registered design). Here, too, protection is possible throughout Germany, Europe and even worldwide.
Designs, patents and trademarks can be registered with the German Patent and Trademark Office against payment of a fee and are thus publicly visible in the registers.
Copyright Law
There is also copyright law, which protects a work against unwanted copying, distribution and adaptation. However, the protection does not include the idea behind the app. This means that the specific source code is protected against unauthorised use or copying. However, the developer cannot use copyright to protect himself against imitation of his app.
Copyright does not come into being through entry in a register, but “automatically” with the personal intellectual creation of a work that reaches the required level of design.