How to trademark a game - Miller IP

How to trademark a game

If you've created a game and want to protect its name or logo, you may want to consider trademarking it. A trademark is a type of intellectual property that identifies a unique brand or product and can protect against other companies or individuals using similar names or logos that may cause confusion in the marketplace. Here are the steps to follow to trademark a game:

  1. Conduct a trademark search: Before you file for a trademark, you should conduct a trademark search to ensure that no one else has already trademarked a similar name or logo for a similar game. You can do this by searching the USPTO database or by hiring a trademark attorney to conduct a more comprehensive search.

  2. Choose your trademark: Once you have determined that your game's name or logo is available for trademark registration, you can choose your trademark. This could be your game's name, logo, or a combination of both.

  3. File your trademark application: To file a trademark application, you'll need to complete and submit a Trademark Electronic Application System (TEAS) form on the USPTO website. You'll need to provide information about your game, including its name, logo, and the class of goods or services it belongs to.

  4. Wait for examination: After you submit your application, the USPTO will assign an examiner to your case. The examiner will review your application and determine if your trademark meets the requirements for registration. This process can take several months.

  5. Respond to office actions: If the examiner has any questions or concerns about your trademark application, they will issue an office action. You'll need to respond to this office action within six months or risk having your application abandoned.

  6. Registration: If your trademark application is approved, you will need to pay a registration fee to complete the registration process. Once registered, you can use the ® symbol next to your game's name or logo to indicate that it is a registered trademark.

Trademarking a game can be a complex process, but it can help protect your game's brand and intellectual property. It's recommended to work with a trademark attorney who can guide you through the process and ensure that your trademark application is filed correctly. By taking the appropriate steps, you can help prevent others from using similar names or logos and potentially damaging your game's reputation.

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