Can I Trademark a Video Game?
You can trademark a video game’s name, logo, and slogan if you are selling that video game in commerce using that name, logo, and slogan. Video games are treated just like any other product and can easily be trademarked so long as they follow the rules governing brand names. In short, in order to trademark a video game, you need to have developed a game, given it a unique name, logo, or slogan, and be selling that game to the public. Of course, there are other ways to get your game to the public than selling it, so you can also trademark your video game if you are giving it away as freeware, providing shareware style demos, or providing it as a freemium game on the App Store.
While it is always recommended to first register the name of your game, if you want to go for the most possible trademark protection for your video game, you should also trademark your video game’s logo and slogan.
Since your video game’s unique name, logo, and slogan identifies and distinguishes your game from others on the market (and it is becoming quite the crowded market these days), it is incredibly important to trademark your video game’s name in order to prevent other developers from using a name that is so similar to yours that it could cause confusion among your fans. After all, the last thing any game dev wants is to have another developer or publisher cash in on your success—especially if you’re an indie game dev with very little money to spare.
If you are in the process of developing a new video game or you’re just about to release your game to the public, contact us today to speak with trademark attorney Eric Norton to discuss the importance of trademarking your video game’s name, logo, and slogan.