In the ever-evolving world of digital entertainment, protecting your intellectual property is just as important as the code itself. Whether you’re an indie developer in the Denver Tech Center neighborhood of Greenwood Village or running a large-scale studio, understanding what’s a good example of a video game trademark can be the difference between a successful launch and a costly legal shutdown.

The Power of a Strong Trademark in Gaming

The first quarter of 2025 saw 703 trademark registrations filed in the Centennial State. A trademark is a recognizable sign, design, or expression that identifies products or services of a particular source. In gaming, this usually applies to:

• The game’s title
• The studio’s logo
• A specific catchphrase

From a legal perspective, a trademark is good and strong if it is distinctive. Furthermore, the United States Patent and Trademark Office looks for names that are arbitrary or suggestive instead of descriptive.

For instance, giving the fantasy game you’ve created the name, “The Fantasy Sword Game,” is likely too descriptive to receive protection. On the other hand, a unique, invented word or a common word used in an unrelated context provides a much stronger shield.

Trademarking a Name for a Video Game

The process of trademarking a name for your video game involves several strategic steps that require precision. The USPTO’s 2024 performance report revealed that new trademark applications rose by 4.1%, which led to longer wait times, often a period of roughly 14 months. Start the process accurately and efficiently by doing the following:

• Conducting a Clearance Search. Make sure the name you want isn’t already taken.
• Determining Your Filing Basis. Most developers file under “Intent-to-Use” if they haven’t launched their game yet or “Use-in-Commence” if it’s already for sale.
• Selecting the Correct Class. Video games usually fall under International Class 009, which pertains to downloadable software, or Class 041, which deals with online entertainment services.
• Submitting the Application. Completing the application includes providing a screenshot of the game showing the trademark in use.

5 Examples of Trademarks

When looking at the gaming landscape, there are five key types of trademarks that can protect different components of a brand. Consider:

• The Game Title. This is the most common and protects the specific name of your software.
• The Studio Name. Protecting the name of the development house prevents your competitors from trading on your studio’s reputation.
• Logo and Iconography. This includes distinctive visual symbols, such as a stylized letter or a specific character silhouette used as an app icon.
• Slogans. Using short, punchy, and concise phrases in marketing allows your consumers to associate them exclusively with your brand.
• Series or Franchise Names. If you plan on making sequels to your game, trademarking the overarching universe name is vital.

Why Distinctiveness Matters

Many developers utilize intellectual property laws to shut down unauthorized cheating software and clone games that use confusingly similar branding. Consider a situation of a video game trademark case involving a developer attempting to trademark a very common word used in their game.

The USPTO often rejects these applications because granting one person exclusive rights to a common word would unfairly limit other creators. This is why fanciful marks and made-up words are the gold standard.

Hire a Trademark Lawyer

To avoid the heartbreak of a forced rebrand after your game has gained steam, it is advised to hire a trademark lawyer early on in the development cycle. Many developers make the mistake of identifying the wrong owner or incorrectly describing their goods.

According to the USPTO, identifying the wrong party as the owner is a non-fixable mistake that requires you to start the entire process over, as well as repay the fees.

FAQs

Q: Can I Trademark a Specific Character From My Game?

A: You can trademark a specific character from your game. While copyright is the main way to protect a character’s creative design and lore, a trademark can protect them if they serve as a brand identifier or mascot.

A unique protagonist used in marketing and on game covers can be trademarked as a visual mark. However, the USPTO generally requires the character to be distinctive and used in connection with goods or services, like merchandise or software, to qualify for protection.

Q: Should I Trademark My Studio Name or My Game Title First?

A: In most cases, you should trademark your game title first, as that is the specific brand consumers will look for in digital storefronts. However, if you plan to release a series of titles or a suite of services, trademarking your studio is equally important.

Ideally, a trademark attorney will recommend a tiered strategy of securing the studio name for long-term brand equity and the game title to prevent clones from appearing on app stores during your launch window.

Q: Does a U.S. Trademark Protect My Game Internationally?

A: A U.S. trademark does not protect your game internationally, as trademark rights are territorial. A registration with the USPTO only provides protection within the U.S., so if you’re launching on global platforms, consider the Madrid System, which allows you to file one application to seek protection in over 130 countries.

Q: Can I Use a Real-World Trademark in My Game for Realism?

A: You can use a real-world trademark in your game for realism under the Rogers Test. Courts allow the use of third-party trademarks in video games if they are artistically relevant and aren’t explicitly misleading.

However, if a real-world brand is used as a source identifier or in a way that suggests a partnership, you may face a video game trademark case with infringement claims. Always consult a lawyer before including real-world brands in your virtual world.

Start Your Protection Early With Denver Trademark Attorneys

For developers based in Colorado, working with a local trademark attorney, such as Steve Zemanick of Four Reasons Legal, provides the advantage of a personalized strategy. Having a partner well-versed in the video game trademark aspects of local tech and gaming ecosystems can help you navigate the nuances of the use-in-commerce requirements.

This is especially beneficial if you’re conducting beta tests or early access launches. Reach out to Four Reasons Legal for guidance in understanding what’s a good example of a video game trademark, and what isn’t, so you can build a brand that endures time and stays legally sound.