Nowadays In India’s booming gaming industry, protecting your intellectual property (IP) is key. A trademark safeguards your game’s name, logo, and brand identity from copycats, safeguarding legal individuality. This guide explains how Indian game developers can register a trademark, with a step-by-step example, costs, and long-term benefits.
Why Should a Game Developer Register a Trademark?
Before diving into the process, let’s understand why trademark registration matters:
- Prevents Brand Theft – Stops competitors from using a similar name/logo.
- Legal Protection – Allows you to take legal action against infringement.
- Brand Value & Trust – Essential for investors, publishers, and players.
- App Store Compliance – Google Play and Apple may require trademark proof for disputes.
- Future Expansion – Needed for merchandise (e.g., toys, comics) and sequels.
Without a trademark, another company could release a clone game under your brand, causing confusion and revenue loss.
Step-by-Step Trademark Registration Process
Example Scenario: “Dream Play Studios” Wants to Trademark “Pixel Quest”
Let’s assume you’re an indie developer launching a mobile RPG called “Pixel Quest.” Here’s how to trademark it:
Step 1: Conduct a Trademark Search
Before applying, check if “Pixel Quest” (or similar names) is already registered.
- Use the IP India Trademark Search Portal: https://ipindiaonline.gov.in
- Search under Class 9 (software/games) and Class 41 (online gaming services).
- If the name is available, proceed. If not, modify it (e.g., “Pixel Quest Legends”).
Step 2: Identify the Correct Trademark Classes
Games fall under multiple Nice Classification categories:
Class | Coverage | Applicable For |
Class 9 | Software, mobile games, downloadable apps | Game executables, APK files |
Class 28 | Gaming peripherals, physical merchandise | Game-themed toys, controllers |
Class 41 | Online gaming, streaming, eSports | Multiplayer services, tournaments |
Class 42 | Game development, coding services | If you offer dev tools/SDKs |
For “Pixel Quest”, you’d file under Class 9 & 41 (mandatory). If you plan to sell plushies or posters, add Class 28.
Step 3: Prepare Required Documents
- Company Details (PAN, address proof, incorporation certificate if registered)
- Trademark Logo/Name (JPEG format if it’s a design)
- User Affidavit (if already using the name before registration)
- Power of Attorney (if filing via a lawyer)
Step 4: File the Application Online
- Visit the IP India Website: https://ipindia.gov.in
- Fill Form TM-A (₹4,500 per class for individuals/startups ₹9,000 for larger firms).
- Submit and receive an application number (used for tracking).
Step 5: Examination & Publication
- Trademark Office Review (6-12 months): They check for conflicts.
- If approved, your trademark is published in the Trademark Journal for 4 months (opposition period).
- If no one objects, it proceeds to registration.
Step 6: Trademark Registration Certificate
- Once approved, you receive a certificate (valid for 10 years).
- You can now use the ® symbol next to “Pixel Quest.”
Cost of Trademark Registration in India
Category | Government Fee (Per Class) |
Individual / Startup | ₹4,500 |
Large Companies | ₹9,000 |
Renewal (After 10 Years) | ₹10,000 |
Note: Attorney fees (if hired) range from ₹3,000–10,000 extra.
Long-Term Benefits & Future-Proofing Your Brand
- Monetization Opportunities – Sell game merchandise (T-shirts, figurines) under the same brand.
- Global Expansion – Register internationally via the Madrid Protocol.
- Investor & Publisher Confidence – A registered TM makes your studio more attractive.
- Legal Enforcement – You can issue DMCA takedowns or sue infringers.
Common Mistakes to Avoid
❌ Choosing a Generic Name – Avoid names like “Epic Battle” (hard to trademark).
❌ Skipping the Search – Another company might already own the name.
❌ Not Registering in All Relevant Classes – If you later sell merch, you’ll need Class 28.
Start Early, Stay Protected
Trademarking your game is a one-time investment with lifetime benefits. For indie devs, the ₹4,500–9,000 cost is negligible compared to legal battles over brand theft.
Next Steps:
✔ Conduct a trademark search today.
✔ File under Class 9 & 41 (minimum).
✔ Consider hiring a trademark attorney for smoother registration. By securing your trademark early, you ensure that your game’s brand remains uniquely yours now and in the future and learn more. …