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How to Trademark a Game: The ULTIMATE GUIDE
Michael Kondoudis -- DC Trademark Lawyer Michael Kondoudis -- DC Trademark Lawyer
For Immediate Release:
Dateline: Washington, DC
Thursday, February 17, 2022


Top 6 Reasons to Trademark a Game Name

1. Avoid conflicts with other game trademarks

The U.S. Patent and Trademark Office (USPTO) will only let one game maker trademark a game name. If you get the trademark, that is OFFICIAL legal confirmation that your trademark is unique.

2. Legal ownership and exclusive use.

A federal trademark comes with significant legal rights, including the right to use a trademark in all 50 states. Also, only one business can own a game trademark, and it is usually the one that trademarks the name first.

3. Protect against copycats

Trademark registration protects your game name from people who would copy it and use it for their game. The fact is that a game name is less likely to get imitated if you trademark the name.

4. Easier enforcement

Trademarking your game name helps avoid costly litigation.   But, if you are forced into court in a dispute over your game, having a trademark is a great advantage because it is legal confirmation of your ownership of your game marks and that they are valid and enforceable.

5. Brand expansion – Merchandising

When you trademark a game name, it is much easier to license your brand for clothing, apps, and home goods, for example.

6. Make your brand stand out.

The game marketplace is crowded.  A trademark is an efficient communication tool for capturing user attention and making your brand and products stand out.

When should you trademark a game name?

Most authorities agree that you should trademark the name of your game as early as possible. Ideally, you should trademark a game name as soon as you have settled on it and well before your game is released.  

It is crucial to get trademark protection for your game name as quickly as possible to prevent other companies from copying. The trademarking process typically takes up to 12 months, and starting early means that your game will have maximum protection against imitators and knock-offs.

Also, the U.S. Patent and Trademark Office (USPTO) will let you trademark your game name up to three years before your game is even released.

Simply put, the sooner you file your trademark application, the better.

How do you trademark a game name?

You trademark a game name by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking a game name is a legal process that usually takes about 12 months. So, the sooner you start trademarking your game name, the better.

Here’s how to start the process to trademark the name of your YouTube Channel:

1. Select a unique game name and logo. Read more about how to pick a strong trademark here.

2. Check whether your name and logo are available. Read more about how to search trademarks to find out if anyone else has registered or applied to register the name.

3. Collect the required information and decide on a trademarking strategy. Many strategic decisions go into a high-quality application.

4. Prepare and file your new application (correctly) with the U.S. Patent and Trademark Office (USPTO).

5. Work with the USPTO examiner and navigate the USPTO application review process.

6. Use the correct trademark symbol with your game name and logo. Read more about trademark symbols here.

The USPTO will grant your application and add your trademark to the list of Federal (registered) trademarks IF your application meets all of the requirements of the Federal Trademark Statute. If the USPTO does not initially grant your application (which happens over 80% of the time), you would need to respond to the reasons for the rejection.

About Michael Kondoudis

For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business to Brand. He is also an authority trusted by national news media on major trademark stories involving NFTs and the Metaverse. For more information, visit www.mekiplaw.com.

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