11 minutes ago, frob said:You can't trademark it before you use it. That's one of the many mistakes people frequently make with trademark registration.
You can file for the intent to use the mark, but not the actual mark. In order to register you need to actually use the mark in trade, the mark needs to be associated with both your products and your business, and the mark needs to have secondary meaning. The registration needs to include a specimen from a live product as product users see it, not images from marketing or a web site or other uses.
If your product is big then yes, you should register your trademarks. Enforcing those marks will cost a few hundred thousand dollars, so if you aren't big enough to invest that much money the registration is meaningless.
Does this means that if I start selling my game at the end of 2019, and someone else has "filed for the intent to use the mark" before that date, I'll win if we go on court?
Because if it is this way, then there's no problem as this seems pretty fair, and there's no reason for me to declare the intention of using the name.
But then I wander, what happens to them? they're request is refused as there's an estabilished brand with the same name already?
