How Can I Protect the IP In My Sports Game?

George Raptis

• 29 November 2022
• 30 November 2022
• 5 min read

If you have developed a sports game, you should think about how you can protect your intellectual property. Notably, a registered trade mark will not protect the rules and movements required in a sports game. Instead, a registered trade mark can protect the features of your sports game that make it distinguishable from others in the sports industry. This article outlines the benefits of trade mark registration and some tips for registration.

Benefits of Trade Mark Registration

A trade mark is more than just a logo. A trade mark can include your sports game’s:

• name;
• catchphrase;
• unique combination of team colours; or
• combination of these features.

Some notable institutions in the sports industry which have registered trade marks in Australia include:

• Cricket Australia;
• Football Australia; and
• Netball Australia.

If you successfully register your trade mark with IP Australia, you gain the exclusive right to use, license and sell your mark in Australia. This means that no one can use your trade mark without your permission. In this sense, some of the main benefits of obtaining trade mark registration include having the ability to:

• enforce your intellectual property rights if someone infringes them;
• freely market your sports game without fear that it goes unprotected (meaning you can build your game’s reputation and visibility in the sports industry); and 
• license or sell your trade mark to open up additional income streams for your business.

In a practical sense, it is worth taking the necessary precautions to protect your brand from being misappropriated by others if you: 

• reproduce your sports game’s name or logo on jerseys; 
• host sporting events; or 
• advertise your game generally, 

Trade Mark Registration Tips

Before you apply to register your trade mark, you should consider the following tips. 

Conduct a Trade Mark Search

By its nature, a trade mark must be capable of distinguishing your sports game from others in the sports industry. Consequently, IP Australia is unlikely to accept your trade mark application if it is similar or identical to an existing trade mark.

For this reason, you should thoroughly search the Australian Trade Mark Search. Further, you should enter your desired trade mark into the search bar. You may need to adjust your application if you find an identical or similar registered trade mark. 

However, there are some instances where similar trade marks for different goods and services co-exist on the Australian Trade Marks Register. For example, a bookstore might have a registered trade mark similar to a trade mark connected to a beauty salon. In this instance, IP Australia may approve both applications, given the trade marks protect different goods and services in different industries.

In any event, it would be worth having an experienced lawyer review your application if a similar or identical trade mark exists. 

Choosing the Relevant Trade Mark Class or Classes

When registering your trade mark, you must select which goods and services you seek protection over. The Trade Mark Classification Search makes the selection process easier by categorising common goods and services under different classes.

Some classes you might consider when drafting your application include class:

• 25, which covers clothing, footwear and headgear; 
• 28, which covers footballs and sporting articles; and
• 41, which covers publications and newsletters. 

However, once you submit your application to IP Australia, you cannot amend it by including any classes you forgot about. If this is the case, you will likely have to submit an entirely new trade mark application at your additional expense. 

For this reason, you must identify the most relevant classes to your application from the outset.

Choosing a Suitable Trade Mark Application

When you apply for a registered trade mark, There are two main application pathways. Namely, you can opt for a:

• TM Headstart application; or
• standard application.

If you use the TM Headstart service, you are entitled to a preliminary assessment of your trade mark application. This means an examiner at IP Australia can identify any issues within your application before you formally submit it for IP Australia’s review. 

On the other hand, a standard application does not entitle you to this pre-filing assessment. Instead, you will immediately receive a filing date for your application, and it will enter the queue for IP Australia’s formal examination.

Key Takeaways

Ultimately, registering your trade mark can provide you with more robust protection when marketing your sports game. However, before you register your trade mark with IP Australia, you should:

• conduct a trade mark search to ensure a similar or existing trade mark does not already exist; 
• choose the relevant trade mark class or classes to ensure your registration is capable of protecting your goods and services; and 
• decide which application pathway is beneficial to you. 

If you need help with registering your sports game’s trade mark, feel free to contact our experienced IP lawyers on 1300 657 423.

Frequently Asked Questions