Video Game Trademark Litigation: You Are, INDEED, Untouchable!
Just remember: this is a tough, rugged, and energetic industry ripe with competition! Protecting yourself with a trademark will ensure that if by chance someone files a cease-and-desist letter on you, you can rest assured:
You Will Have the Advantage in Court. Why?
Because you already have that trademark registered. No one can touch you.
Interestingly enough, not many will do the research first before trying to strike legally, and then they end up in major hot lava like Sonic! Even if your title's way too similar to someone else's, if you have that trademark and the competition does not, guess what: you win. Plain and simple.
The benefit's clear -- when you get an attorney, and you have a particular idea for a video game, and that lawyer does the research to see if a specific title you have will be a go, there's no telling if other manufacturers out there will cry foul and try and take you to court. The industry's hot (like Sonic's lava). So be prepared, right?
And After Five Years, Your Video Game Title Trademark Will Be INCONTESTABLE
That means you won't even have to show up in court. Showing a valid trademark registration will even up the damages you can request. Take this seriously. There are even other valuable reasons for filing that trademark. Sonic may be fast. But if you file that trademark, you're definitely going to be faster than the hedgehog!