Hey folks, One of my current projects: I am working on a strategy for a particular series of games I want to make all with the same characters and along the same brand of games designed as products involving the same brand. Angry Birds is an example of this type of product design. Has anyone else done this or is anyone else doing this? I'd be interested in learning more and sharing what I learn. So far, it seems that ASO (keyword fit) and trademarks are compatible. However, I often see a lot of games published with titles that include keywords rather than, potentially, a trademarked title. Does anyone have any thoughts on the pros and cons of both strategies (to trademark or not)? It seems to me that the obvious pro (benefit) of using a simple name is not just that that simple name could be a market-relevant keyword, but also that the simple name helps the game seem like a one-time iconic hit. Thoughts? For certain genres, do you think there more of a market for a brand in a series of games or a portfolio of individual hits?
It's a good strategy if you have quality games. 1 or 2 words for the title. If it is a TOP game, then you could even consider registering the name as a trademark. But this step is a lot of work. I had registered Yabado for Europe and it took about half a year and cost about USD 1,000. Worldwide trademarks will cost a lot more. Maybe USD 2,500.
Perhaps a good strategy is build lots of simple games that you're not worried about trademarks and then when you have plenty of revenue do that to a future release that would be one you would want a trademark?
If you are confirmed with the legal activity of trademark then no one can use it. Even you find that someone is using the marque déposée of yours than you can challenge it with fine and legal punishment. The best part for trademarking is you can safe it by others if you have legal rights for it.
I agree with this, however saying that I would imagine if you have a title worth trademarking you'll probably realize pretty early on and you're probably earning enough to buy the worldwide trade mark.
I like the idea of a series of game with the same characters and branding but in my personal opinion trademarking the name would be a cost that I wouldn't want to incur unless it really becomes a big hit and you start selling physical products. Even if you do not register your name you can still use a mark you have adopted to identify your goods and/or services. Anytime you claim rights to a mark, you may use the "TM" (trademark) or "SM" (service mark) symbol, regardless of whether you filed an application with the USPTO. They say registering your mark will offer you added protection under trademark law, including giving you the ability to bring action in court concerning the mark and obtaining registration in foreign countries, but I believe if you keep evidence of when you created your characters and evidence (of your first sale, ec etc..) it should still be enforceable. Im definitely not a lawyer or anything anything close to that Im just giving my opinion Im sure you know always seek professional advice. I just thought it might help?
