Trademark law and names

In short: A trademark protects a sign (name, logo) that identifies a company’s goods or services. Whoever uses a similar sign for similar goods can receive a cease-and-desist letter.

In more detail: Protection arises through registration (for example at the DPMA or EUIPO) or through use as a well-known mark. What is protected is the likelihood of confusion: How similar are the signs and goods? Even descriptive names can be protected if they are distinctive.

Not legal advice.

In Depth

• Names for games and products: Well-known game names such as “Tetris” are protected as trademarks. Clones should use their own names and graphics.
• Search before choosing: Search the DPMA, EUIPO and WIPO registers for similar marks.
• Domains: A domain name does not protect against third-party trademark rights.
• Own trademark: Registering is worthwhile if the sign is used long-term (costs from about €290 at the DPMA).
• Classes: Trademarks apply to certain classes of goods and services (Nice classification).
• Using third-party marks: Descriptive mentions (“compatible with …”) are often allowed.
• Game rules, ideas: Game mechanics are not protected by copyright, but concrete graphics and texts are (copyright).

See also: Copyright, Creative Commons and image rights