Board game trademark registration protects your game’s name, logo, or slogan from copycats and confusion in the marketplace.
Whether you’re launching through Kickstarter or working with a publisher, your board game’s brand identity needs legal protection.
Here’s how to register a trademark for your board game in the United States.
Step 1: Choose a Unique and Distinctive Name or Logo
Your board game must have a name or logo that stands out from the crowd.
This is true of any trademark of any sort. To be registrable, a mark must uniquely identify you as the source of your board game product in the market place. To read more about what trademarks are the strongest, click here.
It must:
- Clearly identify your game and its creator
- Avoid generic or descriptive terms
- Avoid similarity to other registered trademarks
For example, a name like Board Game: The Game will not qualify for registration.
Most game creators already understand the value of a catchy and unique title. But even clever names must meet legal standards.
A trademark attorney will help confirm your game name or logo is legally protectable before you invest in marketing or production.
Step 2: Conduct a Full Trademark Clearance Search
A proper board game trademark registration starts with a professional trademark search.
This is not a quick Google or USPTO search. Those are called “knockout” searches and often miss critical conflicts.
A trademark attorney will search:
- Federal trademark records (USPTO TESS)
- State trademark databases
- Website domains and social media
- Online marketplaces and discussion forums
This process uncovers similar names or logos that could cause a legal conflict.
In the U.S., first use in commerce determines trademark rights—not who files the application first.
This step ensures your brand is safe before launch.
Step 3: File Your Board Game Trademark Application
Once your name or logo clears the search, it’s time to file the application.
Your trademark attorney will evaluate:
- How you plan to sell your game
- Whether you have expansions or sequels in the works
- Your company structure and future goals
This ensures the application fits your long-term business strategy. Further, an experienced trademark attorney helps you avoid filing errors, which often cause delays.
For efficient registration success, it is crucial that game designers avoid low-cost online form-filing services—they can’t give legal advice or represent you if your application hits a problem.
Step 4: Respond to Office Actions or Trademark Oppositions
After filing, your application enters a waiting period.
As of this writing, it may take 9 or more months to hear from a USPTO examiner.
Once assigned, the examiner will review your application and issue one of the following:
- Approval
- Administrative Office Action (technical corrections)
- Substantive Office Action (legal objections like likelihood of confusion)
If your application receives an Office Action, your attorney will respond with legal arguments and evidence.
If approved, your trademark moves to the 30-day publication period. This allows third parties to challenge your application.
If someone files an opposition, the matter becomes a legal dispute. You will need an attorney to represent you through the process.
Step 5: Prove Use and Maintain Your Trademark
If your application was based on actual use, you’re all set once approved.
If your application was based on intent to use, you must:
- Begin selling the game across state lines
- File a Statement of Use with proof of that use
You must file this within six months of approval. If needed, your attorney can request up to five extensions.
After registration, you must maintain your trademark by:
- Renewing the Registration by filing a Statement of Continued Use between years 5 and 6
- Renewing every 10 years after that
Trademark rights last as long as you use the mark in commerce. If your game goes out of print and stops selling, you may lose your registration.
Why Board Game Trademark Registration Matters
Your trademark protects more than a name. It protects the public’s trust in your product.
Without trademark registration:
- Others can copy your name or logo
- You’ll have fewer tools to stop infringement
- You risk losing business to knockoffs
Don’t spend years designing and promoting your board game, only to lose your rights because of a legal technicality.
Work with a Board Game Trademark Attorney
Noble Path Legal PLLC is a boutique law firm helping board game designers protect their brands. In fact, our attorney is a longtime gamer himself and has been involved with the gaming hobby and community for over 40 years. Thus, we are thus uniquely capable of assessing your board game’s name, logo, slogan, and branding.
We provide:
- Full trademark clearance searches
- Attorney-prepared and filed trademark applications
- Responses to Office Actions
- Trademark monitoring and renewal support
We offer virtual consultations and responsive, professional service tailored to your creative business. Although located in Metro Detroit, Michigan, we provide trademark services nationwide.
Schedule your consultation today and protect your board game brand the right way. Click the button below to begin.