Trademark Registration for Game Studios: Protecting Game Titles, Character Names, and Studio Brands

Your game has a title. Your studio has a name. Your lead character has a name that players will remember — and that competitors might want to borrow. But while the code, art, and music in your game are protected by copyright the moment they are fixed in a tangible medium, your game's title is not. Under U.S. copyright law, titles of single creative works are not copyrightable. That means trademark registration through the U.S. Patent and Trademark Office (USPTO) is the primary — and often only — federal protection for your game's name, your studio's brand, and the character names that identify your franchise.

Most indie game studios we work with skip trademark filing until after launch. By then, the damage may already be done: someone else may have filed the same or a confusingly similar mark, or you may discover a conflict that forces a costly post-launch rebrand. The game industry is littered with examples — from the Scrolls vs. Elder Scrolls dispute between Mojang and Bethesda to studios that discovered name conflicts only after their game was already on Steam. Trademark registration for game studios is not a "later" task — it is a "before you announce" task, and the studios that treat it that way avoid the expensive remediation that the ones who wait end up paying for.

This guide covers the five things every game studio must get right: why game titles need trademark protection instead of copyright, Class 9 vs. Class 41 filing strategy, the game-title-vs-studio-brand distinction, character name trademarkability under the Lanham Act, and merchandise marks for game-branded apparel and collectibles. For a broader framework on trademark strategy, see our guide on trademark strategy for startups.

Why Game Titles Cannot Be Copyrighted — and Why Trademark Is the Answer

Copyright protects the expression in your game — the code, the artwork, the music, the dialogue, the level design. But copyright does not protect the title of a single creative work. The U.S. Copyright Office has long held that "words and short phrases such as names, titles, and slogans" are not subject to copyright protection, regardless of whether they appear on the copyright registration form. This means that while your game's code and assets are protected by copyright from the moment of creation, the name "Untitled Goose Game" or "Hades" or "Stardew Valley" has no copyright protection at all.

Trademark fills this gap. A trademark is a word, name, symbol, or device that identifies and distinguishes the source of goods or services. When you register a game title as a trademark with the USPTO, you gain the exclusive right to use that mark in commerce in connection with the goods or services listed in your registration, the legal presumption of ownership nationwide, and the ability to bring an infringement action in federal court. For game studios, this is the primary legal mechanism for preventing competitors from releasing games with confusingly similar titles — or from using your game's name in a way that misleads consumers about the source.

But trademark protection for game titles has a critical limitation: the single-work rule.

The Single-Work vs. Series Test for Game Titles

The USPTO will refuse to register a trademark that is "only used as the title of a single creative work." As the agency explains, "your trademark won't register if it's only used as the title of a single creative work. However, if your trademark is the name or title of a series of creative works, it may register" (USPTO, Trademark Refusal: Title of a Single Creative Work). The USPTO gives examples: the book title "The Tipping Point" identifies a single book and cannot be registered, but "The Chronicles of Narnia" identifies a series and can be registered.

For game studios, this means a standalone game with no sequels, expansions, or DLCs may face a single-work refusal. But if your game is part of a series — multiple titles released under the same franchise name, episodic content, or a brand that spans multiple games — the title may qualify for registration as a series mark. The TTAB's decision in In re Strategic Simulations, Inc. addressed this issue in the gaming context, applying the series-of-works doctrine to determine whether a game title functioned as a source identifier for multiple works rather than merely naming a single product (In re Strategic Simulations, TTAB proceeding).

The practical takeaway: if you are filing a trademark for a game title, you need to show the USPTO that the title is used for a series of creative works, not just one game. Evidence can include sequels, expansions, DLCs, merchandise lines, or a franchise that spans multiple titles under the same mark. If your game is truly standalone, you may need to wait until you have a sequel or expansion before the title qualifies for trademark registration — or focus your filing on the studio brand mark instead.

Class 9 vs. Class 41: Filing Strategy for Game Studios

Trademark registration is organized under the Nice Classification system — 45 international classes of goods and services. The USPTO charges fees on a per-class basis ($350 per class under the 2025 fee schedule). For game studios, two classes matter most — and filing in the wrong one, or in only one when you need both, is a common and costly mistake.

Class 9: Downloadable Software and Games

Nice Class 9 covers "downloadable software" — which includes downloadable video games sold through digital storefronts like Steam, the Epic Games Store, the Apple App Store, Google Play, and console marketplaces. If your game is distributed as a downloadable product — a .exe, an .apk, an .app, or a console download — Class 9 is where you file. Acceptable identifications might include "downloadable video game software" or "downloadable interactive game software."

Class 41: Entertainment and Online Gaming Services

Nice Class 41 covers education, entertainment, and sporting services. For game studios, Class 41 is the filing class for online gaming services — games that are played through a browser, cloud gaming platforms, multiplayer services, esports events, and live game streaming. If your game is a service rather than a downloadable product — for example, a browser-based MMO, a cloud-streamed game, or an online multiplayer platform — Class 41 is where you file.

When to File in Both Classes

Many modern games are both downloadable software and online entertainment services. A game that is sold as a downloadable client on Steam but also offers online multiplayer, live service updates, or cloud streaming may need protection in both Class 9 and Class 41. Filing in both costs $700 in government fees ($350 per class) but provides coverage for both the product and the service aspects of your game. Filing in only one class leaves the other unprotected — and a competitor could register the same or a similar mark in the uncovered class.

The decision should be driven by your actual commercial model. If you are shipping a single-player downloadable game with no online component, Class 9 may be sufficient. If you are running a live-service game, an MMO, or a game with significant online infrastructure, file in both. The incremental cost is modest compared to the cost of discovering a gap when a competitor files in the class you missed. For more on the strategic implications of class selection, see our guide on trademark application mistakes that trigger USPTO office actions.

Game Title vs. Studio Brand: Why You Need Separate Registrations

One of the most common mistakes indie studios make is assuming that a single trademark filing covers both their studio name and their game title. It does not. A trademark registration protects a specific mark in connection with specific goods or services. Your studio name and your game title are different marks identifying different things — and they need separate registrations.

Consider a studio called "Hollow Pixel Games" that releases a game called "Nightfall." The studio name "Hollow Pixel Games" identifies the source of the game — the company that makes it. The game title "Nightfall" identifies the product itself. These are two distinct commercial impressions, and the USPTO treats them as separate marks.

If you register only the studio name, you cannot prevent someone from releasing a game called "Nightfall" — because your registration covers the studio brand, not the game title. If you register only the game title, you cannot prevent another studio from calling itself "Hollow Pixel Games" and creating marketplace confusion about the source of your games.

The practical filing strategy for most indie studios is: register the studio name first (in Class 9 for downloadable software, or in Class 41 for online entertainment services, depending on your business model), then register each game title as a separate mark. If your game title faces a single-work refusal because it is a standalone title, the studio brand registration still provides protection for the company name — and you can file the game title once it becomes part of a series.

Character Name Trademarkability Under the Lanham Act

Character names occupy a gray area between copyright and trademark. Copyright protects the expression of a character — the specific depiction in art, code, and story. But a character's name alone is typically not copyrightable. Trademark can protect a character name if it functions as a source identifier — meaning consumers associate the name with your specific game or franchise and use it to distinguish your products from those of others.

The key legal test comes from the single-work vs. series doctrine. A character name that appears in only a single creative work faces the same single-work refusal as a game title. But if the character name is used across a series of works — multiple games, merchandise, comics, or other media — it may function as a trademark. Courts have extended trademark protection to fictional elements of entertainment franchises. In Viacom International, Inc. v. IJR Capital Investments, LLC, 891 F.3d 178 (5th Cir. 2018), the Fifth Circuit noted that trademark protection may extend to characters and elements of entertainment franchises when they function as source identifiers, citing cases where courts protected Conan the Barbarian as a title character of a comic book series and the "General Lee" car from "The Dukes of Hazzard" as an element of a television series (Viacom v. IJR Capital Investments, 5th Cir. 2018).

For game studios, the practical implication is this: a character name from a single standalone game is unlikely to qualify for trademark registration on its own. But if the character appears across a franchise — multiple games, DLCs, spinoffs, merchandise, or media adaptations — the character name may function as a source identifier and qualify for registration. Studios building franchise IP should consider filing character name trademarks once the character appears in multiple works, particularly if the character is featured on merchandise or in marketing as a brand identifier.

Merchandise Marks: Class 25 and Class 9 for Game-Branded Products

Many indie studios generate significant revenue from merchandise — T-shirts, hoodies, hats, posters, figurines, and collectibles featuring game art and branding. But trademark protection for merchandise requires filing in the appropriate goods classes, which are separate from the software (Class 9) and entertainment services (Class 41) classes that cover your core game product.

Nice Class 25 covers clothing, footwear, and headgear. If you sell T-shirts, hoodies, or hats featuring your game's logo, title, or character art, you need a trademark registration in Class 25 to prevent others from selling apparel bearing your marks. A Class 9 registration for downloadable game software does not protect your mark on physical clothing.

Nice Class 9 also covers downloadable digital content, which can include digital collectibles, in-game cosmetic items, and digital art. If your monetization model includes selling digital goods branded with your marks, Class 9 coverage may extend to those items — but the identification of goods must be specific.

For collectibles and physical merchandise beyond clothing — figurines, posters, plush toys — Nice Class 28 covers games and playthings, which may include board game versions of your IP or physical game merchandise. Each category of merchandise may require a separate class filing, and the per-class fee structure means the cost compounds. Prioritize the merchandise classes that correspond to your actual revenue streams: if T-shirts are your top seller, file Class 25 first.

The Scrolls Case Study: Coexistence Agreements in Gaming

The dispute between Mojang and Bethesda's parent company ZeniMax Media over the game title "Scrolls" is one of the most instructive case studies in game trademark law. When Mojang filed a trademark application for "Scrolls" for its digital card game, ZeniMax — owner of "The Elder Scrolls" franchise — opposed the registration, arguing that "Scrolls" was confusingly similar to "The Elder Scrolls" and could dilute the Elder Scrolls brand. The dispute escalated to litigation before the parties settled in March 2012.

The settlement allowed Mojang to use the name "Scrolls" for its game, but ZeniMax retained the exclusive right to use "The Elder Scrolls" for its franchise. This is an example of a coexistence agreement — a contract between two trademark owners in which each agrees to terms that allow both marks to coexist in the marketplace without consumer confusion. Coexistence agreements are common in trademark law and can be an effective alternative to litigation, particularly when the marks are similar but the goods or channels of trade are distinguishable.

For indie studios, the Scrolls dispute offers several lessons. First, even a single-word game title can trigger a trademark conflict with a major franchise holder — especially when the word overlaps with a key element of an existing brand. Second, a coexistence agreement can resolve the dispute without forcing a rebrand, but the terms may limit your ability to expand the mark into certain categories or markets. Third, running a clearance search before you commit to a game title is far cheaper than litigating a trademark dispute after launch. For more on the opposition and settlement process, see our guide on trademark opposition at the TTAB.

Actionable Next Steps

1. Run a clearance search before you commit to a game title. Search the USPTO database for your game name, phonetic equivalents, and marks in Classes 9 and 41. Check common-law sources — Steam, the App Store, Google Play, and social media — for games using similar names. The cost of a name change at the concept stage is minimal; the cost of a forced rebrand after launch is enormous.
2. File the studio brand mark first, in the right class. Register your studio name in Class 9 (if you ship downloadable games) or Class 41 (if you provide online gaming services) — or both. The studio brand is the foundation of your trademark portfolio, and it is less likely to face a single-work refusal than a game title.
3. File game title marks once they qualify as series marks. If your game has a sequel, expansion, or DLC, file the title as a trademark — you can demonstrate it is a series. If the game is standalone, document your plans for sequels or expansions and file when the series exists. Consider filing an intent-to-use application to lock in your priority date early.
4. File in both Class 9 and Class 41 if your game has an online component. Downloadable games sold through Steam need Class 9. Online multiplayer, cloud streaming, or live-service games need Class 41. File in both to prevent a competitor from registering the same mark in the class you missed.
5. File character name trademarks only when the character spans multiple works. A character in a single standalone game is unlikely to qualify for trademark registration. But once the character appears across a franchise — sequels, merchandise, media adaptations — file the character name as a trademark if it functions as a source identifier.
6. Register merchandise marks in Class 25 and other relevant goods classes. If you sell branded apparel, file Class 25. If you sell physical collectibles, evaluate Class 28. Each class costs $350 in government fees, so prioritize the classes that correspond to your highest-revenue merchandise categories.
7. Get a trademark strategy review before your next game launch. The cost of a trademark audit is a fraction of the cost of discovering a trademark conflict after your game is already on store shelves. We help game studios clearance-search their marks, file in the right classes, and build trademark portfolios that protect their IP before someone else claims it.

Trademark registration for game studios is not paperwork — it is the legal infrastructure that protects your most valuable IP assets from being copied, confused, or co-opted. The studios that clearance-search before they announce, file before they launch, and monitor after they register will own their brand assets when it matters most: during publishing negotiations, platform onboarding, and the competitive battles that define a studio's trajectory. The studios that skip these steps will discover, often at the worst possible moment, that the name they built their game around was never actually theirs to keep.