They see value, uniqueness, originality. Part of the value of the video game industry is the ability to create something so interesting that investors will put up money to ensure your brand's successful. Think licensing. Merchandising. Toys. Media. Why else do you think ANGRY BIRDS was made into a movie?
Essentially, you have worldwide protection and virtually limitless possibilities for revenue generation -- all because you took the steps necessary to file that trademark from the very beginning. When your game hits the big time -- like ANGRY BIRDS, and TETRIS, and even there's FRUIT NINJA (are they serious??) -- film adaptations will be made. Yes, there will be a FRUIT Ninja film coming out very soon.
So, Again, Imagine the Possibilities
Create a little game with killer creativity. And you'll have a monopoly on your hands. As long as you take the necessary steps to secure your legal protection. Remember: that game is your intellectual property. You created it. You have to protect it.
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!
In Other Words, DON'T Use Mushrooms in Your Game as a Power-Up
Nintendo's already done it with SUPER MARIO.
Video game cloning is a clever way for game manufacturers to take advantage of winning aspects of major brands without even using recognizable characters or gameplay. Thankfully, trademark registration actually makes it that much harder for someone to clone your video game, saving the stealer time, money, and creative investment.
It's the equivalent of a hack. Steal the code. Create a game all at once. Simple. And then the manufacturer calls it something completely different!
Again, Cloning IS Against the Law and Can Be Pursued Legally
Hire an attorney. Ensure your rights are protected. When you trademark your game title, chances are pretty good others will view your work as untouchable. And that's a good thing!
