The gaming development space is an exciting place to be, but there are many questions that can arise, with many asking: ‘Can you trademark a video game?’ If you’ve developed or are in the process of developing a video game, it’s important to realize that your intellectual property is one of your most valuable assets worth protecting through trademarking.

Other questions you might have include whether you can trademark a video game name, how to go about doing it, and whether hiring a trademark lawyer in Denver is the right decision. If you would like insights into the answers to these questions, you’ve come to the right place. Our legal team at Four Reasons Legal can share our extensive knowledge on the topic.

Can You Trademark a Video Game? – The Elements Explained

According to US trademark laws, specifically The Lanham Act (15 U.S.C. § 1051), it isn’t possible to trademark a video game’s creative content, but you can trademark other elements of the game. Under this act, a video game trademark refers to names, logos, symbols, or even a device that a developer can use to identify the source of their goods or services to distinguish them from others.

In Colorado, trademark laws fall under Section 7-70-101 of the Colorado Revised Statutes. This statute is what allows you to register a video game trademark at the state level.

Here’s a quick look at what you can trademark for your game within the set categories:

Video Game Name

The primary way that consumers identify your game is through its name. For example, well-known trademarks for popular games include ‘Halo,’ ‘Call of Duty,’ and ‘Minecraft.’ You’ll want to trademark your game name so that no one else can use it and to make sure you’re not infringing on anyone else’s video game name.

Video Game Logo

The graphical representation of your game is its logo, and you can trademark this. Usually, your logo includes the name or theme of your game, and it can be stylized, iconic, or colorful. It embodies the essence of your game. Examples of a trademarked logo include Call of Duty’s skull with a bullet hole, and Super Mario’s red M alongside a star.

Publisher or Developer Name

You can trademark your name as the developer or publisher of the video game. This is more common than you might think. For example, ‘EA,’ ‘Nintendo,’ and ‘Valve’ are all trademarked publisher or developer names. If you trademark this aspect of your video game, no one else can say that they are producing content under a confusingly similar brand name.

Distinctive Game Features

The distinctive features of your game, like settings, characters, and other elements, can be trademarked as long as they are brand identifiers. Basically, anything that makes your game unique and memorable. This could include character names, special imagery, sounds, items, places, actions, or slogans that characters say.

How Do You Trademark a Game? – The Legal Process

According to the United States Patent and Trademark Office (USPTO), which is responsible for trademark registration in the US, there were about 575,553 trademark registrations and 824,192 applications in Q4 of 2025.

For many of these applications, game developers hire a trademark lawyer. This is because an attorney can make the process easier and less stressful. They can help with your application from start to finish by:

1. Searching for existing trademarks to help you choose your game’s name, slogan, or logo and select the correct trademark class. This is usually Class 9 for games. When a trademark attorney helps, they can ensure you avoid legal trademark disputes that could arise from infringement issues.
2. Helping you prepare and file an application on the USPTO’s TEAS system. This will usually include providing mark details, owner information, and specimens if in use. With an attorney, you can save time and money since they can steer you in the right direction and help you avoid mistakes from the outset.
3. Helping you understand what fees are payable and where they must be paid, while also helping you maintain the registration by renewing it periodically. You’ll usually have to renew federal trademarks with the USPTO and state trademarks with the Colorado Secretary of State.

The trademark law lawyers at Four Reasons Legal can help with every stage of the above process. We have more than 15 years of experience helping clients with trademarks and protecting their legal rights.

FAQs

Q: What Parts of a Video Game Cannot Be Trademarked?

A: Many parts of a video game cannot be trademarked. You cannot trademark a game’s gameplay, the storyline, the code behind the video game, or the mechanics. In the US, these elements typically fall under patent and copyright law. It’s important to understand what you can and cannot trademark to know when other forms of intellectual property protection are needed.

Q: How Much Does It Cost to Trademark a Video Game?

A: There is no umbrella cost for trademarking a video game. Usually, costs can vary based on whether you decide to go through the trademark process on your own or if you choose to enlist the services of a trademark lawyer. With a lawyer, you can expect trademark costs to range significantly.

Q: Are Video Games Trademarked or Copyrighted?

A: Only certain elements of video games can be trademarked and copyrighted. In fact, it’s often recommended by lawyers to make sure you have both because they protect different elements. For instance, copyright protects arts, coding, stories, and music while trademark protects names, logos, characters, and distinctive elements. Essentially, a trademark protects your brand identity while copyright protects the ‘expression’ of the game.

Q: When Should You Trademark Your Game?

A: Many people begin the trademark process once they have settled on the final game logo, name, or studio name. However, some also choose to file what is known as an ‘intent to use’ application with the USPTO while their game is still in development. This is the preferable choice, as it reserves your rights in the market and stops others from registering a similar name before you launch.

Hire a Trademark Lawyer to Trademark Your Game

The process surrounding trademarking a video game can be difficult, which is why many turn to attorneys like those at Four Reasons Legal. As a Super Lawyers-rated law firm, we have the experience needed to help you with the application process and with monitoring and enforcing your trademark.

​Our team can even help you take legal action if any unauthorized use occurs because we care about your brand remaining unique and protected. You can contact our firm to discuss how to proceed.