Whether it’s your first or fifth time creating a video game, you are likely already well aware it’s a labor of love. Most game developers pour their heart, imagination, time, and energy into perfecting their game from its story and design to its characters, logo, name, and mechanics. When the game is finally done, it can feel like a huge achievement, but it can also leave you with questions like: ‘Why would you want to trademark your video game property?’

​As it turns out, there are many reasons why trademarking your video game property is a good idea. At Four Reasons Legal, we’re well-versed in the many reasons why trademarking is a good decision, and we want to bring them to your attention. After all, we want you to protect your work because it’s not solely about legal safety but also about building brand credibility and ensuring you’re on the path to long-term success.

What Is a Video Game Trademark?

You can think of a trademark as any symbol, word, name, or any combination thereof that you would use to identify the video game you made and plan to sell. According to Article 70 of Title 7 of the Colorado Revised Statutes, with a trademark, you can distinguish your brand identity on the market from competitors and to consumers.

​According to trademark laws, a Colorado trademark only protects your video game within the state’s borders. If you want to protect your game on a national level, you or your trademark attorney will need to file with the United States Patent and Trademark Office (USPTO).

​When you’re ready to register a trademark in Colorado, you will file what is known as a Statement of Registration of Trademark with the Colorado Secretary of State. Once you have secured a trademark, you will need to renew it after five years.

Why Should You Trademark Your Video Game Property?

Trademarks aren’t anything new, considering the USPTO claims there were 12.69 million trademarks filed or registrations issued between October 1870 and March 2024.

​Besides the obvious reason for why you should trademark your video game, which is that you can build brand value by creating a recognizable asset, you should also consider the following:

1. It can help prevent confusion and copycats. With a trademark, you can stop others from using similar logos and names to your video game. This will prevent consumer confusion since copycats won’t be able to trick players into believing their game is yours, thus protecting your market.
2. You can secure exclusive rights. Once you secure a trademark, you could potentially have exclusive rights to your video game’s branding elements, such as the logo, brand name, and other distinctive features. However, it’s important to note that there is a nationwide mark and a state-specific mark in Colorado, and this can influence your rights.
3. You’ll have a legal advantage. With a trademark, you’ll have what is known as ‘legal presumption of validity,’ which can make it easier and cheaper to enforce your rights in court should any issues arise, such as infringement.
4. Revenue stream creation possibilities. Those in possession of a legal trademark for their video game branding elements could create opportunities for licensing their brand to third parties. For example, if you have a trademarked game, you could create revenue streams through movies and toys.

Why You Need to Hire an Attorney When You Want to Trademark

Many trademark applications face examination issues when preparation is lacking. This is one of the main reasons why many look to hire a trademark lawyer.

A trademark attorney can help with the process, including comprehensive searches for similarities to competition, and when the time comes for trademark renewal. They can assist you with paperwork and preparation to increase your chances of having a stress-free experience.

The right lawyer, like those at Four Reasons Legal, can handle complex filings, respond to trademark office objections, classify your video game correctly, and defend against opposition.

Additionally, an attorney can help you avoid costly legal claims by identifying and mitigating risks early, preventing any infringement issues.

FAQs

Q: What Does a Trademark Actually Protect in a Video Game?

A: In a video game, a trademark will protect your branding elements but not the game itself. This means, with a trademark, you can protect your game’s logo, title, studio name, symbols or identifiers, and slogans that tell consumers your game comes from you. However, a trademark won’t protect code, storylines, gameplay mechanics, or artwork. For these, you would need a copyright or a patent in rare cases.

Q: Is It Better to Get a Trademark or a Copyright for a Video Game?

A: It’s usually better to get a trademark and a copyright for a video game, as they protect different things. They both work together to secure your intellectual property and offer long-term branding and licensing benefits. Not to mention, having both helps to prevent competitors in the future from capitalizing on your game’s success.

Q: What Is the Biggest Benefit of Owning a Video Game Trademark?

A: There are many benefits to owning a video game trademark, but the most prominent is that you have public proof of ownership. With this, you can deter imitators, simplify takedowns on app stores and marketplaces, and turn your game name into a transferable business asset should you so wish to in the future.

Q: When Should You File for a Trademark for Your Video Game Property?

A: You should file for trademark protection for your video game in early development. You can use what is known as an ‘intent to use’ application to secure your rights in early development before you release. An attorney from our firm can help you with this application. Many find it better to do this early on for peace of mind during development.

Hire a Trademark Lawyer Today

To avoid slowdowns in the process and prevent a trademark dispute in the future, it’s usually a good idea to speak with a trademark attorney. At Four Reasons Legal, our team is more than willing to sit down and have a chat with you about your trademark options for your video game. We bring more than a decade of experience with trademarks and have a sterling reputation.