Trademarks to protect video games

The issue of copyright protection for video games raises several problems. Indeed, these games are composed of both software and audiovisual elements. Protection varies according to countries and legislation. However, it seems essential to protect these games, which represent a large market, both in terms of investment and sales. In 2013, the World Intellectual Property Office (WIPO) had published the following a study on the protection of video games in the field of copyright law. This study covered legislation in some 20 countries (including the United States, Canada, Germany and China). But trademarks can also be useful to protect certain elements of a video game.

Protecting the video game title with a trademark

If the title of the video game is original, it will automatically be protected by copyright. But it is preferable to register this title as a trademark as well. Indeed, the trademark has the advantage of having a secure filing date. It is possible to register the trademark early to ensure that it will remain available until the game is released.

Moreover, copyright offers only limited protection: if the title is used in a book or film, it will be difficult to prove that such use constitutes copyright infringement. On the other hand, a trademark makes it possible to oppose similar uses, if these were foreseen at the time of filing. You will therefore have to be careful when drafting the wording of your trademark.

Trademark to protect logos

In a previous article, we explained in detail how the trademark allows to protect logos. In the field of video games, publishers often have a very distinctive logo. In addition, in today's age, many games are created directly for mobile phones. It is therefore necessary to protect the logo (especially the one that characterises the app), to prevent a competitor from using a symbol that is too close.

Similarly, the logo of the company marketing the video game must be protected. During game credits (or at the launch of the application), these logos will allow players to identify the creative company, which will thus be able to build loyalty.

The protection of cult phrases

Players sometimes use phrases from video games. These can even become cult phrases. Without being a slogan in the strict sense of the word, they serve to identify the game. As such, they can (and must) be protected by trademarks. Indeed, these phrases bring an added value to the video game. They can be found on tee-shirts or mugs. To control the trade of these derivative products, the best way is to register a trademark and to have licenses signed. Each product sale will be a way to finance the development of a future game.

Finally, it is also recommended to protect the titles of the events around the video game. Indeed, copyright does not protect e-sport competitions or specialized trade shows. To avoid having a popular concept stolen, it is therefore preferable to register trademarks - which, in addition to their protective character, play a dissuasive role.

But other elements of the video game cannot benefit from trademark protection (the code, the music, the scenario...). They may, however, be protected under copyright law..

To accompany you in your trademark registrations, our team and our guide are at your disposal.