question aboput trademarks

[doug02346]

What is the name of your state (only U.S. law)? MA

I've been thinking of trying get some type of IP for a game I created many years ago. I had heard that the USPTO isn't giving out any patents for new word games and it was suggested to me to try to trademark the game. I'm trying to find out exactly what I can trademark. The name, yes, I'm sure, but what about the interface and the rules?

With thanks.

Doug

 

[quincy]

Where or from whom did you hear that you cannot patent a game?

 

[FlyingRon]

Have you distributed this game yet?

 

[doug02346]

I have not yet distributed the game. I'm just now developing the software and user interface.

I talked with an IP lawyer here in Boston who specializes in patenting games. He told me that the USPTO hasn't been giving out many patents recently for word games because they seem to feel that there is nothing non-original that has been presented to them. The lawyer felt that way about my game, even though i had a patent search done and found nothing exactly like it, though there were some obviously similar. he discouraged me from spending $15 - $20,000 to apply for a patent and thought the money would be better spent on trademarking and branding. What are your thoughts? Do you agree?

Thanks,
Doug

 

[quincy]

I have not yet distributed the game. I'm just now developing the software and user interface.

I talked with an IP lawyer here in Boston who specializes in patenting games. He told me that the USPTO hasn't been giving out many patents recently for word games because they seem to feel that there is nothing non-original that has been presented to them. The lawyer felt that way about my game, even though i had a patent search done and found nothing exactly like it, though there were some obviously similar. he discouraged me from spending $15 - $20,000 to apply for a patent and thought the money would be better spent on trademarking and branding. What are your thoughts? Do you agree?

Thanks,
Doug

It would be silly for any of us to disagree with the IP lawyer in Boston who specializes in patenting games and has advised you on yours after his review of it.

Trademarks cover names and logos that identify a product or service. Trademarks can also protect any distinctive aspects of a product or service. These can include colors, shapes, sounds, smells, numbers and letters that are used to distinguish the product or service from others.

Copyrights cover any creative and original works expressed in a tangible form - the unique way ideas or facts are presented. This can include artwork and design, video games, videos, graphics, music, songs, software, photographs, written works.

You can protect your game from infringement by copyrighting and trademarking those aspects of your game that can be registered. You can register your game by yourself or you can seek help from the attorney you have already consulted.

For further information on copyrights and trademarks: http://www.copyright.gov and http://www.uspto.gov.

Good luck with your game.