While Apple does not require you to have your app name trademarked, you probably want to do so.
Why? Because you wouldn’t have to spend too much money on trademarking your name, and the benefits of doing so will be worth it. Owning a trademark on the name of your app will allow you to build your brand around that name. Consumers will start to equate the name of your app with the quality of goods or services that it provides. The idea behind trademarks is that consumers need some type of symbol that they can rely on to have an idea about the product that they are buying. A trademark does this by allowing a company to basically pick their symbol and build their brand behind it. In time, that symbol will stand for the reputation of the company. So, if you go without a trademark and you build up a great reputation in the market, a competitor could come along and use your name to free-ride off of the reputation you worked to build. On the other hand, if you have trademark protection, you will be safe.
You shouldn’t have trouble getting the trademark simply because it has been used before, provided that it is no longer being used. This isn’t the only requirement to obtaining a trademark, though. You still have to make sure that you comply with all other federal trademark requirements. I would suggest hiring an intellectual property attorney to help you just because it can be tricky and you need to make sure it is done right.
An experienced IP attorney can walk you through the relatively simple process, and would likely charge you a small, flat fee for the service. If you still have any questions, you should check outwhere we match you with an experienced attorney for a free consultation.