Happy National Video Games Day 2024! To celebrate the occasion, we’re delving into the world of video game trade marks. Unlike game mechanics, code and story line, trade marks never die (so long as they are correctly used and maintained) and can be invaluable for owners to leverage their most valuable properties. From unforgettable character designs to iconic game titles and distinctive logos, trade marks play a crucial role in protecting the unique elements that define our favourite games. Join us as we explore the various aspects of video games that can be protected, and take a look at some of the most famous and influential trade mark registrations in gaming history.
Game Titles
Game titles are more than just names – they are key identifiers that set games apart and build brand recognition. Obtaining trade mark protection for game titles helps developers to market their unique identity and are tools to prevent confusion in the market. For example, let’s take a look at CD Projekt S.A.’s registration for “The Witcher”.
This registration, in combination with a handful of other Witcher-related registrations, has provided a foundation for The Witcher series to become one of the most successful game series of all time, with over 75 million copies sold of the various entries to the franchise. Interestingly, CD Projekt S.A. also holds a registration for Gwent, the card game played across the Continent by characters in The Witcher 3: Wild Hunt, although we have been unable to ascertain whether Gwent is also trade marked in the Witcher universe...1
Character Names and Likenesses
Nathan Drake. Link. Sackboy.
Some character names are so iconic that their mention alone serves as a brand identifier – even where they aren’t the titular character (we’re looking at you, Lara Croft). Although Lara Croft may have this advantage, it would be hard to deny her star power. She was named as the best-selling video game heroine of all time in the 2010 edition of the Guinness World Records, and has featured on a record-breaking 1400 magazine covers2. With all this coverage, it’s a good thing that CDE Entertainment have registered trade mark and design rights for Lara Croft, protecting her name and likeness, respectively.
Logos and Symbols
Logos within video games have the ability to instantly connect players to their favourite games and developers – for example, the Overwatch logo from Overwatch, the Assassin Insignia from Assassin’s Creed, or PlayStation’s PS symbol (which will be turning 30 this month!). These symbols are instantly recognisable to fans, and trade mark protection for these logos ensures that they remain exclusive to their respective franchises and developers, allowing owners to prevent unauthorised use that could dilute their impact. Ubisoft, for instance, have a selection of registrations protecting the Assassin Insignia, which has allowed for the famous logo to jump from The Assassin’s Creed games to stationery, clothing, and beyond. A good in-game logo can not only enhance brand recognition but also provide a wide range of merchandising options.
Assassin’s insignia:
Click the image above to view the registered trade mark
By the way, don’t worry if you’re rooting for the Templars - Ubisoft also have a similar registration for Abstergo3.
Soundtracks
Sometimes, you don’t even need to see a game to identify it – various video game franchises have iconic soundtracks, such as Halo, Undertale, and God of War. To receive protection for a sound mark, the sound must be clearly described and capable of distinguishing the goods or services (in this case, a video game), from one enterprise from those of others. It is no wonder then, that protection has been sought for perhaps the most iconic game soundtrack, Tetris:
Click the image above to view the registered trade mark
Even though the soundtracks of today are not limited to 8 bits like Tetris, you’d be hard-pressed to find a more iconic and brand-defining theme.
Slogans
Similarly to soundtracks, sometimes slogans can serve as brand identifiers. From the exclamation, “It’s-a me, Mario!”, to the announcement, “Finish Him!”, and even the introduction “It’s in the game”, we aren’t short of iconic video game slogans. Electronic Arts have obtained protection for the introduction used in all of their sports titles, such as their FC, Madden NFL, NBA, and PGA Tour series of games.
Similarly, Sony Interactive Entertainment has obtained protection for its slogan “Play Has No Limits” in connection with the PlayStation 5.
In Game Items
As we touched upon briefly when discussing Gwent earlier, in game items are often suitable for trade mark protection. These items can be integral to the gaming experience and become symbols of the game itself (with one of our favourites being the Sheepinator from Ratchet & Clank). For example, the Poké Ball is not just a tool to capture your favourite Pokémon in-game, but also a recognizable symbol of the Pokémon brand itself.
Nintendo’s Poké Ball registration covers an extremely wide range of goods and services beyond video games, allowing the mark to be effectively utilised on clothing, bedsheets, stickers, and more.
Future Trends
There are plenty of exciting new technologies and developments in the world of video games. Whilst we got a glimpse into the world of augmented reality gaming with Pokémon GO in 2016, we think that the best is yet to come from virtual and augmented reality games. For example, a range of popular brands offer virtual storefronts within Roblox, such as Nikeland, Vans World, and Gucci Garden4. As these technologies continue to evolve, the scope for trade mark protection will expand, offering new ways to secure digital assets.
We’ve also seen remarkable growth in the Esports industry. Globally, the industry attracts over 500 million viewers with a turnover of over £1.5 billion, annually. To illustrate the rise of the Esports industry, you can simply look to mobile games: the younger sibling of PC and console games saw viewers watch around 5 million total hours of Esports coverage in 2017, which rose to 650 million by 2022 - a 12,900% rise within those six years5.
Lastly, while we’re already beginning to see this trend, we expect to see a greater emphasis on a holistic evaluation of video games and their reach, with future registrations having broader registrations. Of the examples we’ve mentioned, The Witcher has evolved from a series of books, to video games and a Netflix series; Lara Croft has starred in numerous Hollywood films (and is set to star in a new series coming later this year); Assassin’s Creed made its big screen debut in 2016; the story of Tetris’ creation hit Apple TV in 2023; and Poké Balls popped up in 2019’s Pokémon Detective Pikachu. These are not examples in isolation – in recent years, we’ve also seen The Last of Us, League of Legends, Cyberpunk 2077, and Fallout (among others) make waves in the world of TV entertainment. Ensuring clarity on the properties being protected, as well as conducting effective clearance searches for all its components should be high on the priority list for potential new owners of trade mark registrations.
Get in Touch
At Kilburn & Strode we have a team of Video Games, Esports & Interactive Entertainment enthusiasts who would be happy to answer any questions about the IP protection of aspects of video games, including strategy for building a brand and recommended action before starting to use a new trade mark; please get in touch and join the conversation!
If you are seeking information or advice on trade marks or branding, please contact the trade marks team.