How to Protect Your Board Game Trademarks

The board game market has experienced substantial growth in recent years because independent creators alongside established publishers launched new innovative games to the market. 

You need to develop a recognizable brand regardless of whether you create complex strategy games or fast-paced party games or collectible card games since this builds long-term success. 

The protection of a board game’s identity depends on trademarks which give creators sole authority to use registered game designs, logos or slogans in association with their games. 

A trademark registration enables you to claim ownership of your brand elements which helps you fight against unauthorized use and unauthorized profits from your intellectual property.

A registered trademark establishes your game as a reliable product that attracts retailers and investors as well as licensing partners.

This guide provides an explanation of board game trademarks and their importance followed by detailed instructions for effective rights registration and enforcement.

 

What Can Be Trademarked in a Board Game?

A trademark protects words, symbols, or designs that differentiate your product from others. In the board game industry, the following elements can typically be trademarked:

• Game Name

The title of your game is one of the most important brand identifiers. For example, “Monopoly” is a registered trademark.

 

• Logos and Branding

Unique logos, symbols, or distinctive fonts associated with your game can be trademarked.

 

• Taglines and Slogans

Catchphrases like “The Game of Life” or “A Strategy Game of Survival” help differentiate your game and can be protected.

 

• Distinctive Characters or Icons

If your board game features recognizable characters or mascots, they may be eligible for trademark protection.

Trademarking these elements ensures that others cannot use confusingly similar branding that might mislead consumers.

 

Why Trademark Protection is Important for Board Games

Failing to secure a trademark for your board game can have serious consequences. Here is why trademark protection is essential:

• Prevents Brand Confusion

Without a trademark, other makers may use similar names, causing market confusion.

 

• Protects Against Copycats

Trademark registration gives you legal grounds to challenge knockoff games.

 

• Enhances Marketability

A trademark strengthens your brand’s credibility, making it more appealing to retailers and investors.

 

• Facilitates Licensing Opportunities

If your game becomes popular, having a registered trademark makes it easier to license the brand for expansions, merchandise, or media adaptations.

Without trademark protection, you risk losing control over your game’s identity, making it harder to establish long-term success.

 

Steps to Trademark a Board Game Name

By following these several steps you can get your board game trademarked:

1. Conduct a Trademark Search

Before filing for a trademark, it’s essential to check whether a similar name already exists. You can:

• • Search the United States Patent and Trademark Office (USPTO) database for registered trademarks.
  • Conduct Google searches, domain name checks, and social media scans to look for unregistered but commonly used names.
  • Work with a trademark attorney to perform a comprehensive search and analyze potential conflicts.

If a similar game name is already trademarked, you may need to choose a different name to avoid legal disputes.

 

2. Determine the Right Trademark Class

Trademarks are categorized into different classes based on the type of goods or services. Board games typically fall under:

• • Class 28 (Toys and Games): Covers board games, card games, and gaming equipment.
  • Additional classes may be needed if you plan to sell merchandise (Class 25 for clothing, Class 16 for printed materials, etc.)

Choosing the right class ensures that your trademark is protected in the relevant industry.

 

3. File a Trademark Application

Once you have confirmed your game name’s availability, you can file a trademark application through the USPTO. You will need to:

• • Choose between “Use in Commerce” (if the game is already being sold) or “Intent to Use” (if the game is still in development).
  • Provide a clear description of how your game’s name or logo is used in commerce.
  • Submit a specimen (proof of use) such as a product label, packaging, or promotional material.

The application process takes several months, and you may receive an Office Action requesting clarification or amendments.

 

4. Monitor and Respond to USPTO Actions

After submitting your application:

• • The USPTO will review your trademark and check for conflicts.
  • If issues arise, they will issue an Office Action, which you must respond to within the given deadline.
  • Once approved, the trademark is published for public opposition, allowing third parties to challenge it before final registration.

Successfully registering your trademark provides exclusive rights to use and protect the name in the board game industry.

 

Best Practices for Long-Term Protection

To ensure your board game trademark remains strong and enforceable over time, it is essential to follow key best practices. 

Always use the appropriate trademark symbols ™ for unregistered marks and ® once your trademark is officially registered to signal ownership and deter potential infringers. 

Since trademarks are not indefinite without maintenance, renew your registration every ten years to keep your rights intact. 

If you plan to distribute your game internationally, consider registering your trademark in other countries to prevent unauthorized use in foreign markets. 

Whether you need assistance trademarking your board game, our specialized lawyers offer comprehensive legal support to protect your brand from competitors.

If you have any questions about getting your board game trademarked, please feel free to call 773-234-1139 to set up a free consultation. Our experienced lawyers at Drishti Law will explain and assist you with the trademarking process and offer maximum protection to your brand.