{"id":4453,"date":"2021-06-09T10:15:53","date_gmt":"2021-06-09T00:15:53","guid":{"rendered":"https:\/\/tm.legalvision.com.au\/?p=4453"},"modified":"2021-06-28T11:04:32","modified_gmt":"2021-06-28T01:04:32","slug":"trade-mark-game","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/australian-application\/trade-mark-game\/","title":{"rendered":"5 Steps To Trade Mark A Game"},"content":{"rendered":"\n

Designing a game is an exciting but daunting process. Creating a game from scratch requires a lot of hard work and creativity, so you should protect your original creation. One of the best ways to protect your game is through trade mark registration. This article will take you through five steps to trade mark a game to help with this process.<\/p>\n\n\n\n

1. Choose Your Trade Mark<\/h2>\n\n\n\n

The first step to trade mark your game is to choose a trade mark<\/a>. A trade mark can take many forms. For a board game, this might include your game name, slogan, logo, or packaging. You can also trade mark the images and texts used in your game. If your game is a video game, you might want to trade mark your business name or logo.<\/p>\n\n\n\n

Once you have chosen your trade mark, you will need to ensure that it is available for use. This includes checking that nobody else is using your trade mark. You can check if your trade mark is available by conducting a thorough search using the ATMOSS free trade mark search tool<\/a>.<\/p>\n\n\n\n

2. Choose Your Goods or Services Classes<\/h2>\n\n\n\n

When applying to register a trade mark for your game, you will need to choose a class of goods or services<\/a>. These classes are categories of different products and services. The trade mark class you register your trade mark under is important because IP Australia will only protect your trade mark under that class.\u00a0<\/p>\n\n\n\n

There are 45 classes you can choose from, divided into 34 goods and 11 services. For example, trade mark class nine includes \u2018computer software\u2019, which might be relevant to certain computer games. On the other hand, trade mark class 28 is for \u2018games and playthings\u2019, which is relevant for board games. You can browse the trade mark class options here<\/a>.<\/p>\n\n\n\n

3. Consider Other Protection<\/h2>\n\n\n\n

As well as registering a trade mark, you should consider your other intellectual property (IP) options. While a trade mark can protect the name of your game and elements of your branding, there may be other elements of your game that you may wish to protect.<\/p>\n\n\n\n

For example, a patent may be a good option for a game because it can protect the actual mechanics of your game and the overall concept. However, the standard to obtain a patent is high, and your game will need to be sufficiently original to secure a patent.<\/p>\n\n\n\n

Copyright is another great way to protect your game. Once your game is in material form, either as a board game or code for a computer game, you will be granted certain rights over it. There is no registration system for copyright in Australia. Instead, you will receive copyright automatically.<\/p>\n\n\n\n

4. Apply For Your Trade Mark<\/h2>\n\n\n\n

Once you have chosen your trade mark and determined that it is available for use, you will be able to submit a trade mark application. Your application will require you to submit:<\/p>\n\n\n\n