iOS Question Guideline 5.2.1 - Legal - Intellectual Property

Christian García S.

Active Member
Licensed User
Hello everyone,

Maybe you can help me with this doubt, today I received a rejection of my application in Apple for "Guideline 5.2.1 - Legal - Intellectual Property".

Apple says this:

The seller and company names associated with your app do not reflect the name "APP NAME" in the app or its metadata, as required by Guideline 5.2.1 of the App Store Review Guidelines.

Next Steps

Your app must be published under a name and company name that reflects the "APP NAME" name. If you have developed this app on behalf of a client, please advise your client to add to the development team of their Apple Developer account. If your client does not yet have an Apple Developer account, they can enroll in the Apple Developer Program through the Apple Developer portal.

To request a fee waiver for nonprofit organizations, accredited educational institutions, or U.S.-based government entities, follow the steps outlined in the Apple Developer Program Membership Fee Waivers page.

Once created, you can not change your seller name or company name in iTunes Connect. For assistance with changing your company name or seller name, you will need to contact iTunes Connect through the Contact Us page. Select Getting Started from the first dropdown menu, then select General iTunes Connect Inquiry to contact the appropriate iTunes Connect team.

But I have seen thousands of applications in Apple Store with cases similar to mine, I have reviewed and many applications developed for clients by third parties.

Now my client will have to spend an additional 100 usd per year to keep his APP active.

I can do something so that I can publish an APP directly for them, or it is necessary to do what they said.

Thanks.

Christian
 

BillMeyer

Well-Known Member
Licensed User
Longtime User
Hi Christian,

Unfortunately, I am the bearer of bad news. You will not be able to bypass this "Policy" by Apple. It think it was about September 2017 when they changed this policy.

I very recently went through this exercise. My experience was not positive and I had to eventually apply for a DUNS number on behalf of my client (96 Store Pharmacy chain), sign an undertaking with my client to use their account for their purposes only and then apply with all this information for an Apple Account just for them. Even after all this was done, Apple rejected the App AGAIN !! - Same Reason !! It would seem that they flag the App and any submissions after that are AUTOMATICALLY rejected.

I eventually appealed this rejection with a 17 page appeal document that had all the correspondence emails between myself and Apple and my Client, a letter of authority to use my Clients Tokens, Logo's and Trademarks from my Client on their letter head and a link to their Website (registered in their name !!) and then the App was approved within an hour - Why all the pain first I ask ?

The positive is that you can link all these accounts to your Apple account and manage all from one place.

PERSONAL OPINION:
So why do Apple do this ?
Firstly, an American entrenched fear of litigation.
Secondly, Apple's revenues are down 28% - so how to they make up this loss. If you look at the number of apps published by Agents on the store then you can realize that that is one heck of an income stream if every app had to be published under it's "own" account and it's an annual thing !! - thus Let's Change 5.2.1 to generate income to cover our loss !!

The next problem you are possibly going to encounter: Your Client/Customer might just ask for the same "identity" on the Google Play Store - this is not so bad because that is $25 once off - but if you have 10 clients - managing all these accounts will be come a nightmare (logins,passwords, Google Accounts etc)

All I can say is "Good Luck" with your endeavor and if you need more help - ask - I've "been there done that" (Even been accused of spamming the Apple App Store - Eish !!)
 
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f0raster0

Well-Known Member
Licensed User
Longtime User
I had a similar problem in googleplay then my client wrote a letter for me and problem solved.. then before Apple asks anything when I uploaded the App in Applestore the first time I sent the letter to them, then no problem..

It is all my expernce maybe can't help..but you will have an idea..
 
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Christian García S.

Active Member
Licensed User
Thanks @BillMeyer for your excellent explanation.

I will have to create that account for my costumer, please I have a question for you:

You recommend creating the account as a company for my costumer with a DUNS number associated with them, or it is preferable to create that account for that company on behalf of a person, but referring to the entire brand of my costumer to not have problems in the approval, I said this because having a DUNS number takes more time.

Thanks

Christian
 
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BillMeyer

Well-Known Member
Licensed User
Longtime User
I'm not 100% sure if the issue is with a private person publishing the App on behalf of a business and this causes the Trademark infringement flag at Apple or whether they want a Company to be "matched" to an app name - if that makes any sense.

If you go the Company route then unfortunately a DUNS number will be required and in my opinion is the safer route to follow if you publish an App on behalf of a Company and the App contains any logos or brand trademarks.


This website should speed up your DUNS number request:

DUNS Number Request Here

In South Africa we just use a local Credit Bureau that gets the number on our behalf in under 24 hours.

Good Luck
 
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f0raster0

Well-Known Member
Licensed User
Longtime User
yes, also i think you should try it first, send to them a scanned letter (signed).

I beleave that sometimes it depends of who is reviewing your App..
then again try to send a letter, if not good luck go for the idea of @BillMeyer

Day/Month/201X
Company
Address, City, Country
[email protected]
+xx - 22222222​


To whom it may concern


I “Owner’s name” owner of “business name” have the right to use the “name of App-business, etc” Trade Name as and where we need too.

This rite has been given to us by the owner xxx as part of the sale and purchase agreement.

I have authorized to “your business or you name” to use the name “name of App-business, etc” for our App uploaded on Google Play Store (Apple Store).

If you have any questions or concerns about the matter above, please do not hesitate to contact me.


Kind Regards,



Owner’s name and signature

------------------------------------------

Owner
 
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Computersmith64

Well-Known Member
Licensed User
Longtime User
I'm not 100% sure if the issue is with a private person publishing the App on behalf of a business and this causes the Trademark infringement flag at Apple or whether they want a Company to be "matched" to an app name - if that makes any sense.

Fyi - I have published a bunch of apps/games under my own name on App Store, then last year published an app called "Picton Laundromat" - which is a business I own. When I submitted the app for the first time I stated in the notes that Picton Laundromat is a business I own & it went through review & was approved first time. I have since submitted updates that also have had no issue being approved.

So I don't think it's a case of the app name "matching" the developer name, but I think if you are developing apps for a 3rd party then they need to have their own developer account to publish the apps under.

- Colin.
 
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