Is it legally required that I register my logo first before using it in my game (splash image)?
No, you just need to own the rights to it
And how do I do that?
Um, did you make it? Whatās the source of your image? (or what is the image if thatās easier)
Yes I created the logo myself. Itās like a simplistic logo of a mantaray (aquatic animal).
If you created it yourself without copying someone elseās stuff, then itās yours, you already own the rights.
As far as I understand, registering trademarks is about stopping other people from using things similar enough to be confusing. For instance, if I had a registered logo already and you started using a logo that looked overly similar, I could request that you change it and take legal action if you didnāt. That said, thereās a whole lot more complexity to it than that.
So the only problem I can run into is that my logo could be similar to someone elseās logo, which I may not be aware about. Is there a way I can check my logo/company name is similar to an already existing logo/company name?
If it is similar, will I get a warning call first or will I be sued promptly?
You probably want to ask a legal professional in your country who deals with trademarks/copyright stuff rather than random people on the internet ![]()
Theyāll charge high fee and Iām just starting out,I donāt even have a good game yet, so it wonāt be worth it
You would get a letter from some other companyās lawyer if anything happened to be infringing.
There is no āDo not pass Go, Do not collect 200 dollarsā
They say āStop using thisā
You say āOver my dead bodyā
They say āBlah blah blah court appearanceā
Noone is sued first. You get a chance to reconcile regardless of how much that multi million dollar company wants to hurry up
haha, ok then, thanks for your reply
That is always sound advice but in this case a legal professional is not required because trademark and copyright information is readily available and transparent, although if you get a letter from someone - get a legal professional asap. ![]()
Disclaimer: Iām not a legal professional. I just read a lot.
As soon the creation of a piece of art is complete - you own the rights to it for like 70 years or so after the creator of the piece dies! - unless you are Disney in which case it is more like 250 years +75 + the life x2 of the decedents.
You do not need to file trademark or copyright unless you are looking to defend your brand.
The best (cheapest) way to find if your logo is similar to others is to google multiple combinations of words describing the logo you have created. Hopefully nothing comes up that is similar. If something does come up that is VERY similar - consider editing your logo to be distinctively different. A hue shift of an existing logo, or flipped image, or added minor details on an existing logo is not enough to avoid legal conflict.
For names - every US state has a copyright and trademark listing, also the US federal government has a copyright and trademark listing. You can search for existing company/product names to see if your chosen name conflicts with an existing business/product.
Even if a company name comes up in a sate or fed search that is the same as yours - you can still use it if the industries are dissimilar enough. For instance if you are developing a game about puppies and are looking to form your company, and there is another company (mantaray tire sales) - you are pretty safe with choosing mantaray game studio. But if you develop a game about tires - then the existing company might have issue with your product, even though you are not in the same industry.
This is a judgement call - and you could still be approached by the other company with them claiming you are infringing on there name, OR if you are creating questionable content that shines a bad light on the name - and by extension there product/company. So it is best to create a unique name, brand - to avoid any type of conflict.
You CAN contact a legal professional about this - but they will charge you a lot - and will do everything above - and charge you for it. You can do this on your own - and the only loss is the time commitment.
If you have more in-depth questions always seek out a legal professional, but that still wonāt stop anyone from suing you - anyone can do that - even if they donāt have a good reason to. Companies do it all the time just to cause problems for competitors.
For a good reference check out that european broadcast corporation (who does not create games) who sued No Mans Sky developer - because they used the word āskyā. Good thing they had Sony backing them - or a lot of people might be playing No Mans Starverse right now. ![]()
Oh I forgot one other thing.
You might consider a DBA (doing business as) listing.
This will allow you to register your name and logo in a particular state - if you live in the US. As a registered DBA you effectively secure name and brand identity for a lot cheaper rate and less headache associated with forming a legal business identity. However - dba does not provide business protections that are granted by forming an actual business organization like an LLC.
Thanks for the thorough answer! Iām thinking about āmantaray gamesā, I did some research and found nothing similar to it, neither the name nor the logo, which is good for me.
Why does Disney get a special treatment?
Because they can afford it (you canāt). Need a fair few million in the right place plus teams dedicated to it. Most of the world is unfair, but this still comes as a surprise to people ![]()
Yeah
Might be an issue in the future -
http://store.steampowered.com/app/501870/HOVR/
https://www.mantaray.xyz/hovr/
https://www.instagram.com/wearemantaray/
https://twitter.com/wearemantaray
https://drive.google.com/file/d/0B2l3M47lp5o4WHhlcGpSZFFPMDg/view
But funny - there is another game with the same name - created, it looks by a different indie team called Game Cooks?
https://www.youtube.com/watch?v=ZCGOlfPzTcI
https://www.oculus.com/experiences/gear-vr/553228884802123/
Yeah -
Damnit, hours spent on logo design, wasted.
How did you find these? I looked up too but didnāt find it.
Generally, all of this is on the money. But, just to add a qualifier to this⦠āassuming the work is unique / originalā. But generally speaking, yes, your rights are there whether you register or not (copyright). Registering is just useful when it comes to having proof and such. Copyright is automatic, It covers an expression.
Trademark is a bit different, you need to register it to receive protection. It covers name / identity. And must be unique and must be defended.
Example, you cannot ātrademarkā a āsimplistic logo of a mantarayā. it would need to be a specific name and brand and unique, and be registered⦠You would have copyright for the original specific drawing you made, but⦠but not all simplistic logos of a mantaray. If that make sense. Though not likely, but if you donāt register a trademark, and someone beats you to it, even if you ācreatedā yours first, you canāt use it, they own it. A huge part of trademark is defending it, if you donāt register it, you arenāt defending. Cases can very, but generally you need to proactive to ensure mark protection.
They donāt. Just to be clear, Disney (and other companies, but mostly Disney), successfully lobbied for extensions to the copyright length (generally). Those changes apply to everyone, not just Disney or large companies.
Part of the registration process is doing a mark search. There are several companies that specialize in to doing mark searches, it is worth it, if your mark is important to you. I have been with a few companies, where we have had to change the company name, or more often, game names, because trademark searches turned up existing marks. You can fight it if you can prove the existing marks arenāt being used, but it is expensive and more complex than changing the name. The safest route is to just not get too attached to a name/mark until you have completed a successful trademark search.