Best Practice for Gaming Startup Trademark Protection

Best Practice for Gaming Startup Trademark Protection

Viktor Johansson
Viktor Johansson
January 27, 2022

The gaming industry has developed to an unthinkable extent in the past few years. If you plan to establish a gaming startup, protecting your trademark is crucial.

Gone are the days when children used to go out to play with their friends. Most people today prefer screens over going outside. Games these days consist of flat screens, controllers, and headphones rather than tripping and falling in the park. Because of this, the gaming industry is booming. It is estimated that the gaming industry made somewhere around $190 billion in the United States alone. This shows the massive success of the gaming industry and portrays the immense interest of people in the growing industry.

Worldwide gaming events are held in which players worldwide participate to show their skills and expertise in gaming. These events are streamed globally. In addition, micro-transactions and in-game purchases have made the gaming industry more profitable than ever. With such a large audience, the game studios are responsible for providing gamers with a safe and secure environment.

If you are opening a gaming startup, it is essential for you to have a registered trademark.

How to protect e-sports trademark?

Protecting your gaming startup trademark is crucial. If a competitor uses your mark, you will lose it unless you take action to protect your trademark rights. This is why you need to register your trademark as soon as possible.

1. Find a Suitable Trademark

Firstly, you need to ensure that you find a trademark that is appealing to your audience and educates your audience about the services and products you are offering. Finding a distinguishing brand name for your e-game platform can be a difficult task. However, it can be made easy when you know your audience and your platform well. Find a suitable brand name that can be pretty catchy and lets your audience know more about you. For this, you might need to brainstorm on the topic and find the best trademark for you.

2. Identify the key classes 

When you have brainstormed thoroughly on your gaming startup trademark, the next thing is to get it registered. Evaluate your key market and search which trademark registration is the most suitable one for your startup. For this purpose, there are several product categories known as trademark classes. The trademark classes are for different services and products, so you need thorough research on which trademark class you should register your brand. The categories available for the gaming startups are as follows. 

  • Computer and Software Products and Electrical and Scientific Products (Class 9) - If your gaming startup consists of software and apps related to the gaming industry, you should go for class 9. Several applications and different types of software are covered under class 9. In addition, class 9 also covers any wearables for gaming and electronic devices.
  • Communication Services (Class 38) - Any kind of e-sports services that you provide in the gaming industry is covered under class 38. The services can range from long scale streaming to the protection of e-sports platforms. So, if you are planning to provide the mentioned services in your gaming startup, you should search in class 38 to be protected completely.
  • Education and Entertainment Services (Class 41) - Any kind of streaming services, ranging from low-scale to large-scale, are covered under class 41. In the e-sports community, many events are streamed globally and locally, so if you are looking for protection for your streaming services provider startup, searching in class 41 can be a good option for you.
  • Computer and Software Services and Scientific Services (Class 42) - Class 42 covers any gaming startups or platforms that specialize in video and e-gaming solutions. The video and e-gaming solutions can be a great addition to your startup and increase your revenue and customer satisfaction. If you are already offering video and e-gaming solutions in your gaming startup, you should apply in class 42.
  • Rubber and Leather Products (Classes 17 and 18) - If you provide your customers with merchandise and promotional products, classes 17 and 18 have got you covered. The two classes offer protection to the trademarks of startups that have merchandise.
  • Clothing and Apparel Products, Lace, Ribbons, Embroidery and Fancy Goods, Toys and Sporting Goods Products (Classes 24, 25, and 28) - The classes 24, 25 and 28 take the same type of e-gaming startups under them as the class 17 and 18. Suppose you are aiming to sell merchandise and promotional products at some point in the timeline of your startup. In that case, you should apply in all of these classes so that it’s ensured that no unauthorized persons can have access to your registered trademark for their good.

3. Apply for Trademark Application

After thoroughly searching for trademark registration classes and your key market, it is now time to apply to the specific trademark classes that you think would be the right ones for you. But, remember not to rush the process because the research is the most critical part of getting your trademark registered. When you apply without any prior knowledge about the key market or the class, the chances are that your startup would not be covered under the said classes.

To avoid this, you need to make sure that before you apply, you have done thorough research about the key market and the appropriate gaming trademark class for your business. Key markets depend on the audience you are providing your services or products to, so make sure to choose a suitable key market and, when you do, apply.

In addition to the other countries having their key markets, you should remember that if you want to register your gaming trademark in the European Union, you can apply to all of the European Union countries with a single application. This way, you would not have to apply for every different state of the EU.

4. Monitor your Trademark

After some time of the application process, you will receive your final registered trademark. Now, you have become less prone to scams and misuse regarding the gaming trademark. Your trademark is now registered under your name, and you need not worry about the protection. However, consistent monitoring is required so that if someone is attempting to take your trademark, you will identify them.

Keeping a check on the registered trademark is essential. To make sure that no one copies your trademark, all you need to do is keep an eye on the whole situation. In this way, your gaming startup trademark would stay protected and safe from all the scams and misuses in the gaming industry.

Protect your brand today!

Contact a trademark adviser

January 27, 2022
Viktor Johansson
Viktor Johansson
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