If you’re a game developer, your name is valuable. It’s how your players know they’re getting a game from you so they can be excited for your next game after they played your last one. It’s how you introduce and build on your relationship with your players. I get this question a lot. Should you register your game name or studio name as a trademark? Why would you register your trademark at all? What protections do you get?
Why are Trademarks Important in Video Games?
The first thing to understand about trademarks is what they are. Trademarks are a type of intellectual property. A trademark is a registration that protects a brand. It protects a mark that is used as an “identification of source.” In other words, customers know that when they see a particular mark, they know where those goods or services (or games) come from. If they have had a good experience in the past, then they know they’ll likely have another good experience with that same mark in the future.
For video games, this means game names and studio or company names, but in some cases it can also protect characters or franchises, among other identifications of source.
As a game developer, your brand is one of your most valuable assets. As you develop more games as a studio you start to form a relationship with your players, and you start to build up a fan base. People start to associate your studio name with games that they have enjoyed, and will get excited for your next one.
Naturally, the question becomes whether you should register your game or studio name as a trademark.
Do You Need a Trademark Registration for Your Game or Studio Name?
The first question to address is whether or not you even need a trademark registration for your game or studio. In other words, why would you want a trademark registration at all?
Strictly speaking, you are not required to protect your mark to use it. However, registering your trademark has certain benefits when it comes to protecting your name and brand.
The biggest one is that you are registered in the database of registered marks in the United States Patent and Trademark Office’s (USPTO) system. This means that anybody who uses a mark that could confuse potential players is “on notice” which means that they should be aware that your mark exists. It also means you can use the ® to indicate this, and may help deter imitators before they become a problem.
Registration means that you have the legal presumption that you own the trademark and have the right to use it. If you ever have to prove this in court, such as against an imitator or someone claiming the right to your game or studio’s name, you don’t have to spend a lot of time and energy getting evidence proving that it’s yours. Registering your mark also allows you to bring a lawsuit to federal court if you get to that point.
A registration with the USPTO also helps with registering your mark in foreign countries, and is a something that worldwide publishers will often look to do. While there isn’t such a thing as a worldwide trademark registration, having a registration in the US can also help with an application through the Madrid Protocol, which allows you to get trademark protection in over 120 countries that are part of the treaty.
If you’re just starting out and don’t have a lot of money to work with, it can be reasonable not to bother with registration, but recognize that it does come with certain risks, especially as your brand starts to become a more crucial asset to your business. Having to change your game or studio’s name isn’t great for building a brand. In general, it is something that is better taken care of earlier rather than later.
Remember: your name and brand recognition in the eyes of customers is your most valuable asset, so protecting it is important!
Should I register my game’s name or my studio’s name?
In the ideal world, both! Your studio’s name and your game name are a part of your identity as a developer and help customers and players know that what they’re playing is from you.
The reality is that budgets are often stretched thin for indie studios, especially when you’re releasing your first game. Given a choice between one or the other, my recommendation would usually be to register your game’s name over your studio. If you end up needing to change your mark because of a conflict or other problem in the registration process, changing your studio name is much less confusing for your customers and players than changing your game’s name.
What about Domain Names and Business Registrations?
Domain names (or website names) and business registrations are also different from trademark registrations. Sometimes there is some confusion here as people think that registering their business as a domain name gives the same protection as a trademark. It does not.
Assuming you have registered your studio as an LLC or other entity, that protects your studio from another company forming with the exact same name in the specific state in which you have incorporated. This won’t protect you from another studio using a name that could be confusingly similar, or someone forming a studio with the same name in another jurisdiction.
Domain names are similar. A domain name is the name of the website that you can own. Owning a domain name, or the website name that people can type in to go to your website, only secures the right to that name on the internet. It doesn’t give you any claim to the name outside of that.
What About Common Law Rights?
You’ve probably heard about common law trademark rights. Common law rights are based on the use of a trademark in commerce within a particular area. That is, people know about your brand in your area because you’ve been using it and people associate it with you, so certain rights are given. The protection given to common law trademark rights is less than those granted through federal registration, but no actual registration process is required.
Since common law rights are limited geographically, they don’t tend to work as well for game developers. Common law rights are more often applied to a business that operates in a set area, like a restaurant or another physical location. It’s actually why Burger King can’t open a restaurant in Mattoon, Illinois!
(Image from Google Street View, May 2025)
In general common law rights wouldn’t do much to help a user of a given name from stopping anyone else from using that same name in another location. However, game development is a global business through the internet. As such, relying on common law rights instead of a properly registered federal trademark isn’t ideal.
Another important thing to keep in mind here is that since common law rights can exist, a trademark search in the USPTO database may not find every name in existence. As such, it is important to do some research to avoid conflicting names with other brands since there could be potential conflicts that won’t come up in the USPTO database.
Conclusion
Should you register your game’s name or studio’s name as a trademark? The answer really depends on how much value you place in your brand and identity, and whether you have the money to protect that value. A federal trademark application is a big step to protecting that identity and is a real consideration for a growing studio.