The global gaming industry is no longer a niche hobby, but a cultural and economic powerhouse. With the market projected to reach over $300 billion by 2029, the stakes have never been higher. As you pour your heart, time, and money into development, you may wonder, “What are the benefits of trademarking your video game?”

Gaming is a landscape where cloning and brand confusion can sink a project before it even launches. For this reason, securing your intellectual property isn’t just a legal formality, but a fundamental pillar of your business strategy.

Establishing Brand Identity in a Crowded Market

In 2024, the U.S. Patent and Trademark Office received over 700,000 trademark registration applications. One of the most immediate benefits of securing a trademark is the creation of a distinct brand identity. Without a trademark, your title is vulnerable to competitors who may release games with similar names or logos, intentionally or unintentionally feeding off your hard-earned traffic.

A trademark grants you the exclusive right to use your game’s name, logo, and slogan in connection with your software. This prevents consumer confusion and makes sure that a player finds your product when they search for your title.

Enhanced Legal Protection and Litigation Advantages

Federal registration provides a legal presumption of ownership nationwide, which becomes vital if you encounter a video game trademark case involving infringement. With a registered trademark, you can do the following:

• File a claim against another party in a federal court
• Use the registered trademark symbol, ®, to deter would-be infringers
• Recover statutory damages and attorney’s fees in certain infringement cases

Boosting Valuation and Investment Potential

If you are looking to scale your studio or eventually sell your IP, trademarks are essential assets. A registered trademark is a piece of property you can appraise, license, or sell. Especially since investors and publishers look for clean IP, it can represent a liability to have a game title that is not trademarked.

Recent data from the World Intellectual Property Organization highlights the growth of intangible assets:

• Between 1995 and 2024, intangible investment grew by 143%, while tangible investment grew by just 32%.
• Intangible investment has grown 3.7 times as fast as tangible investment.
• Between 2023 and 2024, intangible investment grew by almost 3%, whereas tangible investment only grew by 1%

Hire a Trademark Lawyer

In 2023, the U.S. Patent and Trademark Office onboarded 87 new examining attorneys to shorten how long it took on average for applicants to wait to have their trademark applications reviewed. Attorneys are necessary, in general, because the application process can be complex.

Consider that the video game category often spans multiple classes of goods and services. For instance:

• Class 9 covers your game’s software
• Class 41 may cover online gaming services
• Class 25 might cover branded merchandise like t-shirts

Incorrectly filing your application can lead to a rejection or request for clarification, which can delay your protection by months or even years. Hire a trademark lawyer to avoid these pitfalls.

A professional from the legal team at Four Reasons Legal, an intellectual property law firm in Denver, can conduct a comprehensive “knockout search.” This verifies that no one else is using a confusingly similar mark, saving you from a costly rebrand down the road.

Our founding attorney, Steve Zemanick, has the proven ability to build, register, and protect trademarks and seek and enforce rights. With his leadership, our firm can help you adhere to intellectual property laws and receive and protect your video game trademark.

FAQs

Q: Should I Trademark My Video Game?

A: You should trademark your video game if you intend to sell it or build a brand around it. The trademark protects the brand’s name and logo, whereas a copyright protects the aspects of creative expression, such as the code, art, and music. Both are necessary for fully protecting your video game.

Q: Is It Better to Get a TM or a Copyright?

A: It is not necessarily better to get a TM or a copyright, as both are necessary. This isn’t an either/or situation, but rather, a matter of aligning with trademark laws that protect your brand identity so others can’t confuse your customers. Copyright protects your source code, character designs, and soundtrack from being copied directly.

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

A: The cost to trademark a video game depends on where you file it. It costs $30 to register a trademark using the online portal of the Colorado Secretary of State’s Office, which has a physical location on Broadway in Denver.

However, filing a federal trademark with the U.S. Patent and Trademark Office costs $350 per class if you use pre-approved descriptions.

Q: Which Is Better, TM or the Registered Trademark Symbol, ®?

A: The registered trademark symbol, ®, is better than TM when you consider that ™ can be used by anyone who claims rights in a mark, even without registration. However, the ® symbol can only be used once the USPTO grants a federal registration. The ® is arguably better because it carries the full weight of federal law and notifies the public that your rights are officially recognized.

Secure Your Legacy Today

The indie game scene is more vibrant than ever, but it is also more likely to be at the center of a legal claim. Protecting your work requires more than just great gameplay, but a shield of legal protection. Whether you are in the middle of developing your game or preparing to launch it on an app, don’t leave your brand to chance.

By understanding the nuances of trademark laws and the specific needs of the gaming industry, you can protect your studio’s longevity. If you are ready to take the next step in protecting your IP, consult with the Four Reasons Legal team in Denver.

We understand the intersection of technology and law. Contact us today for guidance through the registration process that allows you to focus on creating incredible games.