Registering trademarks
Make sure you register your trademark in your intended markets before you start to build too much of your business around it.
It is a good idea to register the trademark for your game at an early stage. You can do it at the same time as you obtain a domain name.
Before you decide once and for all what your game is going to be called, you should check that the trademark name is unique and available in the markets in which you intend to market it. Search the trademark databases to check that it has not been registered in the games world or for other related products. In the games industry, it is particularly important that you carry out trademark searches in Europe and the USA.
When you register a trademark, there are several routes you can follow, depending on your budget and ambitions. The basis is often a registered trademark in Sweden; the next step is normally Europe and then the USA.
Trademark symbols
™ as a symbol after a particular word or figure indicates that the word or figure is being used as a trademark. The use of ™ has no legal significance in Sweden, but it is used frequently in the USA.
The ® symbol is used to indicate that a particular word or figure is registered as a trademark. The use in itself has no legal significance in Sweden, but the symbol is frequently used in the USA as a clear warning to others not to infringe. However, the Swedish Marketing Act prohibits the use of the symbol if the trademark is not registered.
In some contexts, both symbols can add a certain amount of legitimacy to your trademark.
Things to remember
- Carry out a preliminary survey of your intended trademarks in the markets in which you are considering operating.
- Register protection in the countries in which you are considering operating.
- Register your trademarks at an early stage and make sure that the domain names are available.
- Register the trademark for the name of your game.
- Register the trademark for the name of your studio.
Many games become more widely known than the studio’s name. It can be problematic if your studio has the same name as your game if you intend to release more games in the future.