Asked in Copyright, Trademark and Intellectual Property for Minnesota

Q: I'm interested in trademarking my adult video game under my LLC. Does anyone with experience in both have advice? Thanks

I'm looking to trademark my adult video game under my LLC. Seeking advice from experienced professionals in both areas. Serious responses only please. I'm interested in a long term situation. I've already filed one, but due to a name change, I might need to file again as my previous lawyer has gone AWOL.

2 Lawyer Answers
Fritz-Howard Raymond Clapp
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  • Trademarks Lawyer
  • Beverly Hills, CA

A: The proposed mark should be carefully researched to assure that it is not confusingly similar to any other mark already used in gaming, then an intent-to-use application should promptly be filed before the game is actively marketed. It may also be wise to include a graphic element to a text-only mark, increasing the distinctiveness of the mark. Besides the application to register the game's trademark, care should be taken to document the copyright ownership in the code by executing work-for-hire agreements with all developers.

David Aldrich agrees with this answer

James L. Arrasmith
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A: If you've undergone a name change for your adult video game, you'll likely need to file a new trademark application, as significant amendments to the mark itself are generally not permitted under existing applications. Given the specific industry you're in, make sure the trademark application addresses potential "scandalous or immoral" issues, which can be grounds for refusal. Having experienced counsel can streamline this process, help address the particularities of your industry, and deal with any complications arising from your previous filing.

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