This article is for educational purposes only. Nothing in this article shall constitute legal or other professional advice or an opinion of any kind. Please contact Amar-VR Law, or your own legal counsel, if you have any questions regarding a specific legal issue.
In the fast-paced and highly competitive Video Game industry, building a strong brand identity is essential for success. With countless Video Game studios, Esports organizations, and streamers vying for the attention of gamers worldwide, establishing a unique and recognizable brand is crucial to stand out from the crowd.
Defining your brand can be an exciting, but daunting, process, especially if you’re new to the industry. With all of the effort put into refining your unique identity, you need to ensure that others won't be able to imitate or profit from your work. That's why there's one essential step to IP protection that you shouldn't overlook:
securing a trademark.
A trademark acts as a beacon that guides consumers to your products or services amidst a sea of choices. It's the key to creating brand recognition and building trust, both vital elements in building a devoted fan base and gaining a competitive edge. But the benefits don't stop there – trademarks also shield your brand from others who may try to capitalize on your hard work and creativity.
In this blog post, we'll shed some light on the crucial role that trademarks play in building trust with your audience and defining yourself in a crowded market. Read on to equip yourself with the info you need to protect your brand from copycats and imitators!
Understanding Trademarks and Their Relevance For Brands
Before discussing trademarks for Video Games specifically, let's go over what trademarks are to better understand why they matter so much.
A
trademark is a distinctive symbol, name, word, or combination of those things that sets a product or service apart from others in the market. In any industry, trademarks play a critical role in creating a strong brand identity and establishing recognition amongst consumers in your target audience.
For this reason, trademarks serve another important purpose: protecting your brand. A registered trademark provides legal ownership of your brand assets, and gives you exclusive rights in the case of infringement. Though registration isn’t technically necessary for you to be considered a trademark holder in Canada, it gives you much stronger legal protection in the case of litigation. Trademark registration for your most important brand assets, if not all of them, is something we strongly recommend.
What assets can you register trademarks for?
Any key elements that define your brand, such as:
- Logos
- Company names
- Video Game titles
- Iconic catchphrases (“Do a barrel roll!”)
- Distinctive character names (i.e. Princess Peach, Diddy Kong, etc.)
It’s clear that trademarks play an important part in safeguarding your brand identity in this highly competitive market. By securing and registering trademarks, those in the Video Game industry can prevent others from causing confusion around, or diluting, their brand.
How Trademarks Benefit Video Game Developers and Studios
For Video Game developers and studios, trademarks are used to protect game titles, characters, taglines, and other company brand assets. Registering trademarks for these assets gives you a legal shield against potential infringement, safeguarding these elements of your company from being used without permission, accidentally or otherwise.
With a registered trademark, you defend your Video Games against being cloned, preserving the integrity of your work, and as a result, your reputation. The
® or
™ symbols that you often see beside brand elements, indicating that the trademark has been properly registered, is a strong deterrent to copycats. A simple
search in the Google Play Store for "2048" will show the risks of unregistered trademarks, as countless clones and look-alike games flood the marketplace.
Well-protected trademarks also help a Video Game studio to differentiate themselves and their work from their competitors. As a registered trademark holder in Canada, you hold the sole right to use your trademarks for commercial purposes for 10 years (with the possibility to renew), so the competition risks litigation if they try to produce works using elements that are too easily confused with yours. This also gives you 10 years of exclusive rights to profit from licensing deals, merchandise sales, and other commercial activities related to your branded assets.
By investing in trademark protection, Video Game developers and studios gain a strategic advantage. With registered trademarks, they know that their valuable brand assets are legally safe and poised for success.
Trademarks in Esports and Tournament Organizing
Esports organizations and tournament organizers heavily rely on trademarks to build brand recognition and attract sponsorships, which are an integral part of this niche. Trademarking team branding elements can solidify an organization's identity, helping to foster a devoted fan base and opening doors to lucrative partnerships.
Such partnerships include merchandising and endorsement deals. Players can trademark their individual gamer tags and logos to maximize their earnings and ensure that their personal brand remains protected. This exclusivity safeguards their reputation and helps them to develop their own fan base, preventing others from capitalizing on their fame without authorization.
Esports teams have quickly turned into powerhouse brands, captivating global audiences and attracting sponsorships from major corporations. Trademarking team names, logos, and slogans is a strategic move that improves the organization's brand recognition. A registered trademark solidifies their identity, distinguishing them from other teams and creating a lasting impact on fans and sponsors.
Trademarks hold similar advantages for tournament organizers, as they can register their tournament names and logos. This protects the brand identity of the tournament, allowing the event to build prestige, and also attracting top talent, sponsors, and media attention. Moreover, organizers can explore licensing opportunities, further promoting their brand and monetizing their IP assets.
Why Video Game Streamers Should Register Trademarks
Streamers are another example of players in the Video Game world who can protect themselves and their businesses by registering trademarks for their brand assets.
Video game streamers have become influential global figures, some engaging with millions of viewers worldwide. Trademarks provide a vital defence for streamers' online personas, securing their usernames and branding elements. By trademarking their handles, streamers ensure exclusivity, preventing imposters from capitalizing on their work. Prominent streamers, like "Ninja," have set an example by safeguarding their unique usernames through trademarks.
By proactively registering trademarks for their brand assets, Video Game streamers can bolster their online presence and protect their reputation.
Conclusion
Trademarks are a game-changer in any competitive industry. No matter your role in the Video Game world, you won't want to overlook this crucial step in defending your intellectual property and building a strong foundation for future success!
If you have questions or concerns about properly registering trademarks for your brand, seek professional guidance from an experienced Video Game lawyer.
Amar-VR Law
is here to assist you throughout the trademark registration process and ensure that your brand assets are legally protected.
We'll help you navigate the world of trademarks and secure a lucrative future for your gaming endeavours!
