Hello I'm planning to sell a game through the internet to international customers. I wonder if it is wise or necessary to trademark your game title. If so do I need it to be an international trademark or is it enough to trademark the title in the country I live in? Thanks, Opwiz

It is not necessary, and probably not worth the time and effort.

You automatically have some trademark protection in all the countries that matter when you use the mark in trade. As your distinctive names and marks become well known, the automatic protection increases.

Just be sure not to stomp on somebody else's marks.

Quote: Original post by frob
It is not necessary, and probably not worth the time and effort.

You automatically have some trademark protection in all the countries that matter when you use the mark in trade. As your distinctive names and marks become well known, the automatic protection increases.

Just be sure not to stomp on somebody else's marks.

I guess I'm mostly worried someone else is going to trademark the name and force me to change it. But if I start use the mark in trade will I be protected from this happening?

[Edited by - Opwiz on October 19, 2008 8:30:29 AM]

Quote: Original post by Opwiz
I guess I'm mostly worried someone else is going to trademark the name and force me to change it. But if I start use the mark in trade will I be protected from this happening?

It depends. What do you think "protected" means?

[Edited by - Tom Sloper on October 19, 2008 10:45:29 AM]

Quote: Original post by Tom Sloper

Quote: Original post by Opwiz
I guess I'm mostly worried someone else is going to trademark the name and force me to change it. But if I start use the mark in trade will I be protected from this happening?

It depends. What do you think "protected" means?

Protected as in having the legal right not to have to change the name.

Not without having to spend lots of lawyer money, no.
"Protection" only gives you ammunition when you're in court. It doesn't necessarily prevent you having to go to court to protect your interests.

Quote: Original post by Tom Sloper
Not without having to spend lots of lawyer money, no.
"Protection" only gives you ammunition when you're in court. It doesn't necessarily prevent you having to go to court to protect your interests.

But if I have registered the trademark for my game in Sweden, then nobody can legally force me to change the name right? How about if I'm selling it to international customers, is there a difference?

Quote: Original post by Opwiz
But if I have registered the trademark for my game in Sweden, then nobody can legally force me to change the name right? How about if I'm selling it to international customers, is there a difference?

Not necessarily.

It is very rare for somebody to attempt it. It is expensive to try to force this kind of changes, and it is usually only done when you are the one infringing on their marks. That's why I said originally that probably not worth the time and effort for you. It requires money for them to challenge it, and it very rarely happens unless you are the one committing the violation.

That being said, even if you have registered the trademark it is still possible (albeit expensive) for them to challenge the registered trademark in the courts, win, and force you to change.

There are no guarantees in business.

Quote: Original post by frob

Quote: Original post by Opwiz
But if I have registered the trademark for my game in Sweden, then nobody can legally force me to change the name right? How about if I'm selling it to international customers, is there a difference?

Not necessarily.

It is very rare for somebody to attempt it. It is expensive to try to force this kind of changes, and it is usually only done when you are the one infringing on their marks. That's why I said originally that probably not worth the time and effort for you. It requires money for them to challenge it, and it very rarely happens unless you are the one committing the violation.

That being said, even if you have registered the trademark it is still possible (albeit expensive) for them to challenge the registered trademark in the courts, win, and force you to change.

There are no guarantees in business.

Ok, thanks. I'll consider registering the trademark because the process seems very simple (in my country anyway) and it's not that expensive (about $200)