Q: How would I trademark my Game?

A: You can You can file a trademark application with the USPTO. It is best to first work with a trademark attorney or filing service for them to walk you through the process and to conduct a search to ensure no other names in the same class of services exist already. The type of game will determine the class of goods and services to file in.

A: First, before you commit to using a specific text and/or design as the trademark, you should consult an experienced trademark attorney to perform a search and opinion that the proposed mark is not confusingly similar to any other mark in use (whether registered or not) and is sufficiently distinctive to be registered. Then, your attorney would immediately submit an "intent to use" application for registration of the mark even before selling the product, because it takes over 8 months before an application is reviewed by a USPTO trademark examiner. By that time, assuming you had begun use of the mark, the application could be amended to reflect that the mark is in use and the process for registration will continue.

A: Registering your trademark with the USPTO would give you the strongest legal tools available to protect your brand name. The federal trademark registration process is quite technical so it is advised to consult with a trademark attorney. Most trademark attorneys will assist with a comprehensive clearance search and with properly preparing and filing your trademark application.