So…Since a while now I’m working on a game and even though i tried to brainstorm more than just one name for it, I keep coming back that one of the names I was wanting to call it would be the perfect fit.
BUT after researching if anyone else was using it I found one game, similar theme but different genre and platforms that has a similar name. Although it has the 2 words, it’s made of split into 2, looks very different from what I am planning and besides that it is out, I could only find very few information about that game (it’s like it’s not really successfull and kinda drowned between others and it’s only in russian).
The 2 words the games name are comprised of are very generic, kind of like “cloud racer”.
I’m unsure what to do, besides having a backup name.
What could happen if I want to release my game with a title that’s similar to another? And is there even a way to legally find out if it’s okay beforehand? Or do I need to “just try it”, put everything into it and then “risk” doing all the marketing around it, when it could be legally causing problems? maybe?
Does anyone have any experience with this kind of thing? Do you go safe way and choose a different name? did you go risky way and just did it? Did anyone experience problems with it? I mean of course there are obvious cases like with notch and his game “scrolls”, but if i remember correctly he even won the legal fight about it.
Titles can’t be copyrighted, but they can be trademarked. If the title doesn’t have ® after it, it’s not a registered trademark. (™ means a trademark claim, so probably still worth staying away from.)
I think the question that matters is: “Is the name close enough to a similar product that it may cause confusion among general audiences?”
The answer to that is going to be somewhat subjective, so perhaps a good rule of thumb might be that if you think other people are likely to answer “yes” then you might be safer picking a different name.
If you want official exclusive use, then trademark it. You typically have to do this separately in each country you want to use. This will give you legal grounds to prevent anyone else using the same name. Of course the process does allow others with existing trademarks to contest your application.
Ideally you would get a lawyer to take care of the trademark application and all of the associated implications for you.
If you don’t want official legal protection, then you can just do a google search and make sure nothing comes up.
When I was at GG, we had two titles that had pretty generic names, Rocket ball and Legions. After trademark searches we ended up going with Rokkit Ball & Fallen Empire : Legions.
Regarding “what comes up in google” that’s a little where I’m unsure. I did exactly that and I found a book series and said russian game. But I’m honestly not surprised, because afterall, those are generic words. It’s like naming a game “Shadow Realm” or “Pig hunt” XD
Although I admit that I was considering changing the name somehow the way that it would be less generic, just for recognizability.
A word of caution, someone is able to take your name that you didn’t protect, by registering it as their own, and then seeking damages against you. Be careful.
I’ve seen names registered out from under prior/existing users, but I’m not aware of those prior users ever being pursued for damages as a result. And even if it’s pursued that doesn’t mean it’ll stick, or that the litigators will win the case.
Of course it’s better to avoid a legal fight than to win it, but it’s also better to make decisions based on information rather than fear.
I wonder actually if there are cases that if a name is used that can be traced back to a certain webpage/document etc. with data on when it was created, if that would be legitimate enough to work against such “scammers”.
And I have heard about this issue before, my husband told me that I should be careful making my name public yet, because someone could go and reserve all webpages/social media pages etc. and then would try to make money out of my need/want to have them. But it’s less about the “stealing the name”, but more about trying to make money from demand.
I’d be a lot more concerned about the book series, a print-media publisher is probably a more serious business operation than some random Russian game dev (unless we’re talking Metro 2033 or something similar…) and you can bet the book at least claims trademark (the ™ style Eric described earlier). However, trademark law is a complicated and subjective thing. Check this out surprising situation about a company trying to trademark “To Kill A Mockingbird” as the name of a clothing line:
The intellectual property organisations for most countries have searchable databases. Make use of that. I wanted to use a name a few years ago, but found it had been trademarked a few months earlier, so I couldn’t use it. However, the trademark has expired (protection lasts 10 years at a time, and can be renewed forever, unlike patents), so I can now use it.
One thing to be aware of is trademark categories. Two entities can have the same trademark in separate product areas, but they are not allowed to make it appear as if there is any association. You can trademark in multiple categories as long as you are trading in those areas. Video games and board games are in different groups. You might want to trademark in both if both could apply. Adding a 2nd category adds about 25% to the cost.
Something to take advantage of is an international agreement. If you trademark in one country, you have 6 months precedence worldwide. It is expensive to trademark in lots of countries. You could delay most of that until you see if the launch is successful if you time it right.
Don’t just take my word on it, study a lot. I’m not an IP lawyer, and rules vary from country to country. The advice I was given was you could might get away without an IP lawyer if you only want protection in your own country, but probably not when dealing internationally.
thanks for pointing out the database search for trademarks I found out that in my country and every other trademark it recognizes from other countries, the name I chose for my game isn’t trademarked in any way and additionally, registering one seems an easy process aswell
The problem with this idea, is the judge will always over rule the orgin or the oldest document. He will always rule in favor of who’s name is recorded in the patent office.
Very much jurisdiction dependent. For example the US honours the first patent recieved. Whereas much of the rest of the world honors the first date invented. That’s why you should see a lawyer. Of course parents and the patent office are irrelevant to this discussion.
Trademarks are all about who is actively using the mark, and which companies the general public associates the mark with. They have little to do with timing.
those are good tips.
or “Pig hunt” XD