Our group has found a name we all like and would like to make it so no one else could use this name as a gaming company. How do we go about doing this? Do we need to go ahead and incorporate to reserve the name?

mostly you can't easily prevent people from taking your name. the idea is that you would incorporate and then trademark the name. if another gaming company then uses the name you have to sue them, the police or whatever don't just come down magically and tell them to stop. So basically if you want to prevent people from using your name you need enough money to hire a better lawyer than they can, and be able to afford the court fees. IANAL but there might also be a stipulation that by using your name they are costing you money. i'm just spouting what i remember, but you should talk to a lawyer if you really care about this.

-me

You need to register a domain name, and then register a trademark. Then you have enforcement rights in the domain of the registration (i e, for example, USA and territories). If someone else uses the name, USUALLY it's enough to send them a copy of the trademark registration with a cease-and-desist notice, but sometimes you have to take them to court. If you win in court (which is probable), there is a chance that you can recoup your court costs. However, to get specific advice to your specific situation, you need to consult with a paid legal professional license to practice law in your state (i e, a lawyer).

For free/opensource projects, it's probably enough to just register the domains, put a "TM" after your use of the name, and hope nobody else wants to be confused with you.

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For free/opensource projects, it's probably enough to just register the domains, put a "TM" after your use of the name, and hope nobody else wants to be confused with you.

Doing that is enough, you don't have to register a trademark in order to be able to sue people, as long as you DO use that trademark for your products. Of course, registering it is better, but not necesary.

regardless of what route you use to "protect" your name, it is critical to document the date and circumstances you first began to use it. Any legal issues (court) will focus on who used it frist. By registring it as a trademark, you are documenting (officially) your first use. Yes, you can post-date your trademark in most states....(within a reasonable time -- not 20 years!)