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 the legislation of some twenty countries (including the United States, Canada, Germany and China). But trademarks can also be useful to protect certain elements of video games.  

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 also register this title as a trademark. 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. In addition, copyright offers only limited protection: if the title is used for a book or a film, it will be difficult to prove that this use constitutes an infringement of copyright. On the other hand, a trademark can be used to oppose similar uses, if these were foreseen at the time of filing. Care must therefore be taken when drafting the wording of a 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. Moreover, in the current era, many games are created directly for mobile phones. It is therefore necessary to protect the logo (especially the one that characterizes the app), to avoid a competitor using a symbol that is too close. Similarly, the logo of the company marketing the video game must be protected. During the game credits (or at the launch of the application), these logos will allow players to identify the company that created the game, which will then be able to build loyalty.  

The protection of cult phrases

Sometimes gamers use phrases from video games. These can even become cult phrases. Without being a slogan, they serve to identify the game. As such, they can (and should) be protected by trademarks. Indeed, these phrases bring an added value to the video game. We can imagine them on T-shirts or mugs. To control the trade of these derivative products, it is best to register a trademark and to have licenses signed. Each sale of a product will be a way to finance the development of a future game. Finally, it is also recommended to protect the titles of events around the video game. Indeed, copyright does not protect e-sport competitions or specialized 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 assist you with your trademark applications, our team and our guide are at your disposal.