Protecting a game name

Discussion in 'Public Game Developers Forum' started by Kraspy, Aug 10, 2012.

  1. Kraspy

    Kraspy Active Member

    Dec 4, 2010
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    I'm working on my 2nd release now. The first was more of a leaning experience so I didn't focus a lot on marketing. I want this one to hit with a bit more of a splash. I'm wanting to start marketing (trailers, website, etc) later this month. It will probably be at least december before the game is released and I know you can only hold a name for 90 days. I've heard you can bypass this by submitting binaries and not releasing them, does anyone know if this can get you in trouble?

    Do you also trademark? copyright? your game name?

    If the game is successful I would probably want to port to android. If I don't currently have an android developer account is there anything to stop someone from claiming the name on the android store?

    any advice appreciated.
     
  2. Syndicated Puzzles

    Syndicated Puzzles Well-Known Member

    Kraspy, before you do anything do a a search on the USPTO to see if someone else has as a
    similar or identical name. Here is the link. http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk

    If available simply get the Trademark. I always use a lawyer. I use to file online but paid dearly several times trying to get out of some battles. My lawyer is awesome and reasonable. Drop me a PM I will give you her contact info.

    I have published endless games and always dove head first not driving myself crazy about the IP issues. Freely promoting your game is a lot more important than hiding it because you are worried about someone stealing your idea or concept. If your game is any good then it will be cloned regardless.

    Trademark is probably the best form of protection if the name is strong. If the game name is weak find a stronger name.

    Also make damn sure you line up the game name with a .com website otherwise change the name to suit an available .com
     
  3. kunaalkiip

    kunaalkiip Member

    Mar 9, 2012
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  4. @syndicatedpuzzles, Great stuff. I have been wondering the very same questions. Prior to registering my app in iConnect, I was worrying about trademarking the name.

    Since the "Title" registered doesn't necessarily need to be the same name as the app name on the phone itself, I ended up registering a title in which the app name is longer than my actual app name:

    - App Store Title: Baby Due Date Stork Delivery Game
    - In Phone App Name: Due Date)

    More often than not, making the title in the app store longer actually reeps many benefits...

    - app title shows up in the URL
    - URL drives search terms and rankings
    - words in title do not need to be listed as keywords, freeing up room for more keywords

    All that being said, I am wondering from your perspective whether or not I wrong to think that the longer name lessens the need for a trademark? After I registered the app in iConnect with the longer Title (Baby Due Date Stork Delivery Game), I was much less concerned or worried about any licensing infringements, etc...

    We are looking to launch in September (hopefully the 20th), so lastly, I am wondering how long the process of obtaining a TM takes?

    Thanks again for info relayed above and look forward to hearing what you have to say.
     
  5. mikeg123

    mikeg123 Well-Known Member

    Sep 23, 2009
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    FYI, you can hold onto your game name for 180 days now! It had been 120 back when we first added our game in iTunes Connect, but has since been changed to 180 days. Fortunately, I submitted our game last week, so I never got to the point of having to submit and self reject a binary to try and bypass that (so I still have no idea if that works).

    Just to throw out some numbers, I added our game on March 5, 2012, and I didn't get the "30 day warning notice" until August 3, 2012. And that notice stated I had until Sept. 2, 2012 to submit.
     
  6. Hercule

    Hercule Well-Known Member

    Dec 16, 2010
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    Apple beginning to reject app for long name (if you try to put additional keyword in it).
    At least the name in the applestore should be the same as the name displayed in your app.
    Of course if you are lucky, it still can be approuved.

    I did the reject my own app things to bypass the 120 days limit and it works.

    For utility app playing with keyword is probably more efficient than for game app.
    If you are a user and you want to play a game, what keyword would he puts ?
    If you are a user and you want to play a game, what keyword would he puts ?

    For game you would probably type "FPS" or "Puzzle" (or go on the top charts). But naming you game with "puzzle" inside is harder than naming an utility app with "Flashlight", "Photo" or whatever.
     

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