By Michael Kondoudis, Gaming Trademark Attorney
This is my ultimate guide to trademarking and copyrighting a game. If you want to learn how to trademark a game and protect it from would-be copycats, then this guide is for you.
CONTENTS
This article explores issues that game designers and inventors need to know about trademarks, including:
> HOW TO PROTECT GAMES
> ABOUT GAME TRADEMARKS
> ABOUT GAME COPYRIGHTS
> PROTECTING GAME NAMES
> HOW TO TRADEMARK GAMES
> CONSIDERATIONS FOR BOARD GAMES
> SEARCHING GAME TRADEMARKS
> WORKING WITH A TRADEMARK ATTORNEY
> COPYRIGHTING A GAME
> FREQUENTLY ASKED QUESTIONS
I. PROTECTING GAMES
How Do You Protect A Game From Copying?
The best way to protect a game from copying is to trademark the game name and copyright either the code (for video games) or the game board (for board games). Trademarks and copyrights protect many board games and video games. Trademarks and copyrights are the primary ways to protect the hard work, time, and creativity behind a new game.
What is the Difference Between Trademarks and Copyrights?
Trademarks protect game brands, while copyrights protect the artwork, appearance, and software code behind a game.
II. GAME TRADEMARKS
What Is A Game Trademark?
A trademark is a badge of origin that distinguishes the maker of a game from other makers of games. The most common game trademarks are names, logos, and phrases.
A Federal trademark is an enhanced trademark that has been certified by the U.S. government. It comes with exclusive nationwide legal rights. (more on that below).
Trademarking is the process of securing exclusive rights to a phrase or word so that others can’t use it.
Which Parts Of A Game Can You Trademark?
You can trademark a game name. You can also trademark any logo or slogan used to advertise your game, as well as the characters in the game. Plus, you can trademark the icon that represents your video game in the App Store or Google Play.
Many aspects of a game such as game names, character names, logos, and graphic designs may qualify as trademarks.
Examples of Game Trademarks
Video Game Names
Company Names
Board Game Names
Video Game Names
Company Names
Board Game Names
III. GAME COPYRIGHTS
What Is A Game Copyright?
Copyright is a legal term describing ownership of control of the rights to the use and distribution of artistic and creative works. Examples of creative works that are eligible for copyright protection include books, video, motion pictures, musical compositions, and computer programs.
Which Parts Of A Game Can You Copyright?
You can copyright many aspects of a game, including the design of a game board (for board games), the software code (for video games), the text of the instructions, and artwork on the packaging. (more about copyrighting here).
IV. PROTECTING GAME NAMES
How to Protect a Game Name
Trademarking a game name is the primary way to protect it. The best way to trademark a game name is to apply for a federally registered trademark with the U.S. Patent and Trademark Office (USPTO). The USPTO registers trademarks, including game trademarks.
Most game developers start by applying to trademark a game name.
Can you trademark the name of a video game?
Yes, you can trademark a name of a video game. All major video game franchises are trademarked. But, trademarking is not limited to the games developed by big companies. You can also trademark indie video games.
Can you trademark the name of a board game?
Yes, you can trademark a game name, including board game names. Many famous board games are protected by trademarks.
Can you trademark a card game?
Yes, you can trademark the name of a card game. In fact, trademarking is the primary way that companies protect card games.
Many game developers wonder if they can trademark the names of their games.
To be clear, the answer is YES. You can trademark a game name, and many game developers have! Trademarking the name of your board or video game name is the most effective way to protect it and the brand identity you’re building around it.
See How My Law Firm Can Help You Protect Your Trademark
New Applications – Legally own your trademark.
Office Actions – We can navigate the trademarking process at the USPTO.
Enforcement – Flex your trademark rights. Stop copycats.
Do I Have To Trademark My Game Name?
No, trademarking a game name is not mandatory. But, if you don’t trademark your game name, you won’t have exclusive rights to it. Other game developers would be free to use your name for their games.
Do You Need to Trademark a Game Name?
Yes, if you want to protect it from being copied by someone else. If someone else copies your game name, they could potentially damage your business or even steal your customers. If you spend a lot of time and money developing a game, it’s vital to protect your work from being copied by someone else. By getting a game name trademark, you can prevent others from using it and create a stronger association between your game and its name.
Why Should You Trademark A Game Name?
You should trademark a game name for several reasons.
Firstly, you should trademark your game name because it will confirm your legal ownership of it and how it is used. Both are essential to building a unique game brand.
Secondly, you should trademark your game name because it will help keep anyone else from using your name for their game. This ensures that your game name remains distinctive. If someone else starts selling a game with the same name as your game, they can steal sales from you.
Thirdly, you should trademark your game name because it will prevent anyone else from trademarking it (or anything similar) for their game. If someone else trademarks your name, they will own it, and you will need to rebrand.
Fourthly, trademarking your game name makes merchandising easier. The most successful games always open opportunities to sell license the name for clothing and other goods.
In the end, You should trademark a game name for several reasons. The main reason is to protect your intellectual property. If someone else starts selling a game with the same name as your game, they could divert sales and damage your business. Another reason to trademark a game name is to prevent others from stealing your ideas. Finally, trademarking a game name can help you build your brand and increase awareness of your game.
Top Reasons to Trademark a Game Name
1. Avoid conflicts with other game trademarks
The U.S. Patent and Trademark Office (USPTO) will only let one game maker trademark a game name. If you get the trademark, that is OFFICIAL legal confirmation that your trademark is unique.
2. Legal ownership and exclusive use.
A federal trademark comes with significant legal rights, including the right to use a trademark in all 50 states. Also, only one business can own a game trademark, and it is usually the one that trademarks the name first.
3. Protect against copycats
Trademark registration protects your game name from people who would copy it and use it for their game. The fact is that a game name is less likely to get imitated if you trademark the name.
4. Easier enforcement
Trademarking your game name helps avoid costly litigation. But, if you are forced into court in a dispute over your game, having a trademark is a great advantage because it is legal confirmation of your ownership of your game marks and that they are valid and enforceable.
5. Brand expansion – Merchandising
When you trademark a game name, it is much easier to license your brand for clothing, apps, and home goods, for example.
6. Make your brand stand out.
The game marketplace is crowded. A trademark is an efficient communication tool for capturing user attention and making your brand and products stand out.
V. HOW TO TRADEMARK GAMES
How To Trademark A Game Name
You trademark a game name by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking a game name is a legal process that usually takes about 12 months. So, the sooner you start trademarking your game name, the better.
Here’s how to start the process to trademark the name of your game:
1. Select a unique game name and logo. Read more about how to pick a strong trademark here.
2. Check whether your name and logo are available. Read more about how to search trademarks to find out if anyone else has registered or applied to register the name.
3. Collect the required information and decide on a trademarking strategy. Many strategic decisions go into a high-quality application.
4. Prepare and file your new application (correctly) with the U.S. Patent and Trademark Office (USPTO).
5. Work with the USPTO examiner and navigate the USPTO application review process.
6. Use the correct trademark symbol with your game name and logo. Read more about trademark symbols here.
The USPTO will grant your application and add your trademark to the list of Federal (registered) trademarks IF your application meets all of the requirements of the Federal Trademark Statute. If the USPTO does not initially grant your application (which happens over 80% of the time), you would need to respond to the reasons for the rejection.
When Should You Trademark A Game Name?
Most authorities agree that you should trademark the name of your game as early as possible. Ideally, you should trademark a game name as soon as you have settled on it and well before your game is released.
It is crucial to get trademark protection for your game name as quickly as possible to prevent other companies from copying. The trademarking process typically takes up to 12 months, and starting early means that your game will have maximum protection against imitators and knock-offs.
Also, the U.S. Patent and Trademark Office (USPTO) will let you trademark your game name up to three years before your game is even released.
Simply put, the sooner you file your trademark application, the better.
See How My Law Firm Can Help You Protect Your Trademark
New Applications – Legally own your trademark.
Office Actions – We can navigate the trademarking process at the USPTO.
Enforcement – Flex your trademark rights. Stop copycats.
Top Tips to Choose Great Title Names for Games
1. Creating a great game title is essential to ensure that potential players are drawn in and want to learn more about your game. Here are seven tips for creating a great game title:
2. Keep it short and simple. A length of 1-3 words is best.Use keywords that people might search for. Ensure the name is optimized for Internet searching with at least one distinctive, unique, and/or memorable word.
3. Make it interesting and catchy. The best names are memorable.
4. Make sure it accurately represents your game. It is always important to increase brand trust.
5. Test out different titles with friends and family to see what they like best. They will likely look at a name differently than you.
6. Make sure that the domain is available.
7. Make sure the name is not already trademarked. Make sure your brand is truly unique by doing a trademark search.
8. Do a Google search to see if there are any similar game names that might be of concern.
VI. BOARD GAME TRADEMARKS
Can You Trademark a Board Game?
Yes, you can trademark a board game. The name, logo, and slogan of a board game can be protected by trademark. The U.S. Patent and Trademark Office (USPTO) accepts trademark applications for board games, board game names, board game logos, and board game slogans.
Trademarking Board Game Names
Trademarked board game names include: MONOPOLY
- CONNECT FOUR
- BATTLESHIP
- LIFE
- SCRABBLE
Trademarking Board Game Logos
Trademarked board game logos include:
- UNO
- SORRY!
- MONOPOLY
Trademarking Board Game Slogans and Catchphrases
Trademarked board game slogans include:
- THE GAME OF GLOBAL DOMINATION (Risk)
- THE WORLDS MOST POPULAR BOARD GAME (Monopoly)
- THE CLASSIC NAVAL COMBAT GAME (Battleship)
Trademarking Other Aspects of Board Games
Other aspects of a board game such as character names can also be protected by trademarks.
Trademarked board game characters include:
- COLONEL MUSTARD (Clue)
- RIGH UNCLE PENNYBAGS (Monopoly)
Should I Trademark the Name of My Board Game?
Yes, most authorities agree that you should trademark the name of your board game to ensure that no one can use the same or a confusingly similar name for their game. Plus, if you trademark the name of your board game, no one else can trademark it for a competing game.
VII. SEARCHING GAME TRADEMARKS
How Do I Know If a Game is Trademarked?
The best way to find out if a game is trademarked is to do a trademark lookup at the U.S. Patent and Trademark Office (USPTO) using the USPTO’s TESS search system. You can search for game trademarks online using the TESS system.
How To Check If A Game Name Is Trademarked?
To check if a game name is trademarked, you need to search the USPTO’s trademark database. Go to the USPTO’s Trademark Electronic Search System (TESS) and choose a search option. To search a name or phrase, you can use the “Basic Word Mark Search” option. To search a logo, graphic, or design, you will need to use the “Word and/or Design Mark Search” option.
1. Go to the USPTO’s Trademark Electronic Search System (TESS) available on the USPTO website at www.uspto.gov.
2. Select a search option. If you are checking if a game name is trademarked, you can use the “Basic Word Mark Search.”
3. Enter your game name into the search field to search the USPTO’s trademark database.
By searching the U.S. Patent and Trademark Office’s (USPTO) trademark database, you can check if a game name is trademarked.
Caution: The USPTO will reject your trademark application if there is a “likelihood of confusion” with another registered mark. So, it is a good idea to search for exact matches and for any trademarks that are close to yours using variations of your trademark (e.g., different spellings, abbreviations, and plurals).
VIII. WORKING WITH AN ATTORNEY
Do You Need A Trademark Attorney To Trademark A Game Name?
No, but the U.S. Patent and Trademark Office strongly recommends that all applicants work with a trademark attorney – for several reasons.
Why Should You Work With A Trademark Attorney To Protect Your Game Name?
Filing an application with the U.S. Patent and Trademark Office (USPTO) to trademark your game name starts a legal process that can get complicated, expensive, and confusing. Working with a trademark attorney can make the process smoother, faster and result in better protection.
Also, studies show that working with a trademark attorney can increase your chances of successfully trademarking your brand by over 50%.
Your game name is essential to your online success. Filing a trademark isn’t a simple process, but the protection it affords your brand is worth your time and effort. If you do it correctly, you can secure your brand for years to come.
XI. COPYRIGHTING A GAME
How To Copyright A Game
Copyrighting a game is an essential step to protect it from copycats. Copyright protection is available for all types of games, including board games, video games, and even card games.
How to copyright a board game
To copyright a board game, you need to register it with the United States Copyright Office. The copyright registration process is a relatively straightforward federal legal process and can be done online. However, it requires specific information and navigating a complex online form. Also, you’ll need to submit a photo of the game board or original artwork that you want to protect. It is a federal legal process, so attorney help is advised.
How to copyright a video game
To copyright a video game, you need to register it with the United States Copyright Office. The copyright registration process is a relatively straightforward federal legal process and can be done online. It requires specific information, however, and requires navigating a complex online form. Also, you’ll need to submit the game’s source code or gameplay footage. It is a federal legal process, so attorney help is advised.
Need to trademark a game name?
When Should You Copyright A Game Name?
Like trademarks, most authorities agree that you should copyright your game as early as possible. Ideally, you should copyright a game name as soon as you have settled on the look, original artwork, and game source code before your game is released.
X. FREQUENTLY ASKED QUESTIONS
1. Can you copyright a game?
Yes, you can copyright the artistic aspects of a game such as a game board, game packaging, and playing cards. Names of games and gameplay are not eligible for copyright protection. Game names are protected by trademarks.
2. Which trademark class is for games?
Games, including board games, video games, and card games belong in Trademark Class 28.
3. Are board game names trademarked?
Yes, board game names can be trademarked. Names, includes the names of board games, that are used in branding can be protected with trademarks. The name of a board game must be distinctive and not descriptive of the game. Also, if someone else already has a registered trademark for a game with a similar name, you may not be able to use that name for your own game.
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For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).
