Game company trademarking

Catie and I have just registered for the Top DOG contest, and have also registered our just-invented game company’s domain name! Wee! :smile:

Now, how can we go about getting that trademarked so no one else can steal it before anybody actually hears of us?

Interested to know too ! international trademark btw…

You need to first search to see if that name is already registered and/or is being used by anyone else. Then, if no one else is using it, you need to start using it and add the ™ mark to it to indicate your intention of registering it as a trademark. Next you need to apply to the US Patents office to register your trademark. It costs several hundred dollars if you do this on your own (or you can do it through a patent attorney where it will cost several thousands to process the paper work). Then your application will be reviewed by the Patent office, and if they approve it, your trademark will be registered, in the US only. This process takes about 18 months to 2 years. Do a search for “registered trademark” and you should find plenty of info to start studying.

This only registers your trademark, it doesn’t protect it. If someone infringes on your trademark, you will have to hire an attorney to start warn, and if necessary, sue them. This can cost anywhere from a couple thousand dollars to tens of thousands of dollars (is there any wonder attorney’s are rich?).

Some US state’s also have their own trademark offices (I know California does), and you can register in your state if you prefer. The process is normally faster, cheaper and easier, but a registered trademark in California would hold no jurisdiction outside of that state. Further, a US registered trademark holds jurisdiction over state registered trademarks.

I have no idea how one goes about registering an international trademark, or if such a thing actually exists (which I doubt). What most companies do is register in the countries that they intend on doing business in (ie. US, England, France, Germany, etc.). Companies like AT&T, FEDEX, etc. do it this way.

There’s a lot more to it than I’ve described, but this is the gist of it. FWIW, I have registered several trademarks and only once had to hire an attorney to pursue another company who was infringing on our mark.

I’m usually a non-violent person, but I think this situation would warrant me buying a tiger and feeding the infringing parties to it. From what you say, I think this will be a more economical route.

Thanks for the info!

Hmm… sounds like a good plot for a movie or game. Lemme copyright that idea before I forget… :lol: :lol:

I’ve run my company for 15 years now (yep, I’m that old), and it’s not protected by a trademark. The company is registered (of course), which - at least in sweden - automatically grants me protection.

Also, if I’m not fully mistaken, you don’t HAVE to have a trademark to be able to fight an infringing party, it just makes it easier. After all, it still comes down to who used the mark first, and having a registered trademark will give you more proof of use.

Another tiny problems which makes trademarks problematic for most small companies is the fact that getting real protection (ie. international) is hugely expensive. What’s the point for me in registering a US trademark only to have a copy-cat company spring up in some unknown country? I’m not sure.

Anyway, take what I write with a truck of salt as I’m pretty far from a trademark laywer. :slight_smile:

Unfortunately, we are not granted the same protection in the US. Each state regulates their own business licenses (and some cities also do this). There is no national business license here. Also, you do not have to have a business in order to register a trademark, individuals can also register their own marks.

This is also true in the US. You don’t have to register a trademark in the US to hold a legal claim for it’s use. It’s just that it is many times easier to defend a trademark once it is registered.

Exactly right, that’s why only companies like AT&T, Microsoft, and Coca-Cola are able to afford to do it. Keep in mind, registering a trademark is only worth it if you have a trademark worth protecting. If you’re not making money, you probably have other priorities.

The cheapest thing to do is to start adding “™” to your mark wherever it appears now and search the web for any other users to make sure that you aren’t infringing on someone else’s mark. You should also add something like this to the bottom of any document that includes the mark, “MyTradeMark™ is a trademark for MyBusiness, Inc. All Rights Reserved”.

Then write a full description of the mark and print some examples of where it’s being used by you on paper and put it in a sealed envelope and mail it by registered mail to yourself. Then keep that -un-opened- letter as proof of when you started using the mark in the event a dispute should happen.

More great advice. Further thanks!

Once our company does become rich and established enough to afford our own death-star-like mansion next to each of the planets in this solar system, do you think it will be possible to leave all this legal mumbo jumbo off of our products? I will do whatever I have to for now, but every time I see these things that you are suggesting, it bugs me with its cluttery-ness.

Or, is it really necessary to keep doing it for continued protection? The megacorporations who probably do build those small, fabricated moons for their higher-ups seem to use this stuff as much or more than anybody else.

It makes sense to me that the more exposed you are (i.e. higher profile), the more you’ll need to protect yourself from your own popularity in the form of copying, and other kinds of competition. You may have to take another mortgage on your Death Star, though. :stuck_out_tongue:

If you elect to apply for a trademark (or service mark) yourself, you can do it yourself online (this is where you can do the search, too)