Using Popular Game name in App Title

Apple has rejected an update to my app because it's existing previously approved app name has a popular game in the title. The app title is done like: OurApp for Popular Game. The Popular game is used in the app title to make it clear that this is what the app is for. The makers of the Popular game in fact give authorization for people to create third party products, as long as they use their game's name in the title like that.


However even even after telling Apple that we have permission to use the Popular game title they continue to say we must change it according to their 2.3.7 guideline.


Help would be very much appreciated as this is going to prevent me from making any updates to any of my apps for this Popular game, unless I change the app titles which will drastically impact discovery.


KInd Regards.

Replies

>...unless I change the app titles which will drastically impact discovery


If you have written permission from Popular app, supply it to review (show, don't just tell and/or assume tacit permission is good enough) via an appeal.


Good luck.

You have permission - so you are not violating 5.2.1. But 2.3.7 is:

Choose a unique app name, assign keywords that accurately describe your app, and don’t try to pack any of your metadata with trademarked terms, popular app names, or other irrelevant phrases just to game the system.....


Your appeal should point out that you are connecting with 'Popular Game' through your title not to displace searches for 'Popular Game' but to supplement functionality specifically to users of Popular Game.

Post not yet marked as solved Up vote reply of PBK Down vote reply of PBK

Okay, thank you. I had filed an appeal prior to getting these responses. But I did say something slightly similar to your suggestion, by pointing out that this app is directly connected to the popular game as it is a specific tool for it. I'll wait and see what they say and repost it here afterwards.


Kind Regards.

After reviewing what I had sent Apple has decided that the app is no longer in violation of 2.3.7, here is the full appeal that I sent to them with some retractions:


Hello Apple. My name is ******** and my app was rejected for using POPULAR GAME in the app title.

My first point, is that it is very important to use POPULAR GAME in the app title. It makes it crystal clear what the app is for. This is specifically an app for POPULAR GAME.

Second, POPULAR GAME themselves have given permission to use POPULAR GAME in my app title in the format that you guys have previously approved.

I kindly ask you to consider three important points.

  • This is in no way going to (or has been) confusing to customers making them think this is an official app.
  • POPULAR GAME themselves have given permission for this to take place (so the creators of this trademarked app in question have no problem with this problem).
  • The guidelines (not rules) specify that "don’t try to pack any of your metadata with trademarked terms, popular app names, or other irrelevant phrases just to game the system." - I have not packed the title, I have put an authorised trademark that is NOT irrelevant and is NOT an attempt to game the system. But is rather to make it abundantly clear what the app is for, as this has a direct connection with POPULAR GAME.

I ask that you please kindly consider these points and consider also that I have already had this app name approved in the past and this problem is only occurring due to some change in the guidelines which in fact used to say about using product names as "descriptors".

Kind Regards,


Thanks for the help PBK.

Following the approval of my appeal, apple has re-rejected the app after it was resubmitted. The team made an override for the approval of the app review team and gave the same rejection. They are aggressively trying to prevent me from using this POPULAR GAME name in my app's metadata including the subtitle or title. I have re-submitted an appeal that includes a link to the document from the company that makes the game where it gives express permission to use their trademarked title in third party products, as long as their guidelines are followed.


It's extremely disappointing that Apple is being so aggressive on this new change to the apple guidelines. Even after a phone call they wouldn't explain why they've made these changes or why they exist.

But there is a bit of distance between:

"the company...gives express permission to use their trademarked title in third party products, as long as their guidelines are followed."

and

"we have permission to use the Popular game title"


Apple may be concerned that you do not have permission since this third party company is the sole judge of whether "...their guidelines are followed". Can you get anything from this third party company expressing explicit consent for your use of their trademark?

No I have not been able to get permission from them. All I have is a document from their FAQ that states clearly how they allow app developers to use their trademark.

If you have not been able to get permission from them is it possible that they do not mean to give you permission dispite your interpretation of their FAQ? Or, is it possible that Apple does not believe they have actually given you permission dispite your interpretation of their FAQ?

I think it would be more that they are such a large company that they don't have an interest in writing some kind of special approval. And to answer the point about misinterpreting their FAQ, allow me to direct quote it:


If you comply with and follow the Essential Requirements (in the Brand and Asset Usage Guidelines) YOU MAY use our Names (as defined in the Brand and Asset Usage Guidelines) in connection with a product or service title or listing (including on web sites or YouTube) if:

  • the Name is in a secondary name or title (or secondary part of it);
  • you do so because it is necessary to honestly and fairly describe those things or the purpose of them;
  • you ensure that the Name (which includes any confusingly similar name) is not the dominant element or the distinctive part of your complete name or title;
  • you don't use any other aspect of the Brands or Assets (as defined in the Brand and Asset Usage Guidelines) as part of any related branding, including as or as part of any logo.

Examples of naming: "XYZ - a POPULAR GAME podcast" (we're cool with that). "POPULAR GAME - the ultimate help app" (we're NOT cool with that).

To help you understand part of this and just so we are clear, regardless of anything else, YOU MAY NOT use the Name in or as the main or dominant name or title of any commercial product or service.


So my interpretation from that documnent is that they're cool with you using their trademark as a secondary title, as used to be even Apple's guidelines for using trademarks in app titles.

"Allow me to directly quote it ...Essential Requirements....if:.....we're NOT cool with that....just so we are clear....YOU MAY NOT...So my interpretation"


Well you are sort of hoisted by your own pitard here, aren't you?


For me to agree with your "interpretation" I would have to read all that stuff up there and then check your app to be sure that it satisfies all those "just so we are clear" type restrictions. It may be true; it may not be true - how do I know? You are asking App Review to do that analysis and they are politely saying - "no, 2.3.7". Perhaps if you appealed the objection with a confident statement like - 'We have had our IP attorney's review the Popular Game policies regarding their trademark rights and they have assured us that our use is not in violation of Popluar Games' stated policies and seems to be fully allowed, accepted and even expected by Popular Games. Should you wish to review these terms we quote them here for your confirmation.'

Further note to your question about. "is it possible that Apple does not believe they have actually given you permission dispite your interpretation of their FAQ?". They have not stated any kind of indication of that, they have said to words of the effect: Even though you have permission, we ourselves do not allow this as it's in our guidelines.


Their quote:


2.3.7 - Performance

We continue to find that your app subtitle to be displayed on the App Store includes trademarked term or popular app name "" POPULAR GAME, which is not appropriate for use in these metadata items. It would be appropriate to revise your app name or subtitle to remove any trademarked terms or popular app names from all localizations of your app.

We hope you will consider making the necessary changes to be in compliance with the App Store Review Guidelines and will resubmit your revised binary.

I think the phrase "We continue to find that your app subtitle to be displayed on the App Store includes trademarked term or popular app name "" POPULAR GAME, which is not appropriate for use in these metadata items" is not them agreeing that you have permission to use the trademarked terms. Rather it is them suggesting that you don't have permission without actually accusing you of doing that.

Okay, so how do I get them to see that I have permission, if the only permission is the brand's webpage?


Also, I do not have the phone calls I've had with them recorded, but the words spoken were indeed to the effect of:

Even though you have permission, we ourselves do not allow this as it's in our guidelines.

Try this: (I'd not use the last sentence)

"The title of my App includes the trademarked term because the purpose of a trademark is to associate an item with a trademark associated product. The owner of the trademarked term has given me permission to use their trademark so that I might establish that association between my app and their product. Because the owner of the trademark has given me permission to use their trademark, I am not in violation of their trademark rights. Guideline 2.3.7 is directed towards the inappropriate use of a trademark. Having the trademark owner's permission, and because it is the intention of the trademark owner to have their trademarked term used in this fashion, my use is not an inappropriate use of a trademark and therefore it is not inappropriate for me to use the trademark. While trademark law allows an owner of a trademark to prevent others from using the trademark (a negative right) it also implicitly allows the owner to use the trademark to add value to their products (a positive right). If you interpret 2.3.7 to prevent the allowed use of a trademark you are denying the owner of trademarks this positive right and generally devaluing trademarks. I do not believe this is the intention of 2.3.7 and I respectfully ask you to reconsider. Should you continue to find my allowed use 'inappropriate', because your actions in this regard could be asserted as an official position of Apple, and because Apple intends to rely on this positive right under its own trademarks, I urge you to consult with your trademark attorneys to better understand the company-wide implications of your interpretation of 2.3.7."