What are trademarks?
Trademarks are signs, images, and symbols capable of distinguishing the goods or services of one company from those of other companies. They are the unique elements that make a brand stand out in the marketplace. Think of Apple's iconic logo, McDonald's memorable chant "I'm Lovin' It," or Verizon's distinctive brand name—each of these is a trademark that serves to identify and differentiate.
A trademark can take many forms: a word, phrase, logo, symbol, or even a combination of these. It is closely connected to a company's branding and is often the visual and verbal identity the public comes to associate with a particular quality or experience. The main purpose of trademark registration is to protect these distinctive brand assets from being misused or copied. Registering a trademark helps ensure that the goodwill and recognition a business has built remain closely tied to that business alone.
Without trademark protection, competitors could potentially imitate your brand's most valuable identifiers, confusing consumers and diluting your reputation. A registered trademark gives you legal recourse to stop others from using similar signs that could mislead customers about the origin of the goods or services.
Trademarks in Gaming
The gaming industry has experienced explosive growth over the last decade, evolving from a niche hobby into a global entertainment powerhouse. In 2014, the global games market was valued at around $83 billion; by 2024, it surpassed $180 billion, outpacing both the film and music industries combined. This surge has been driven by the rise of mobile gaming, the expansion of esports, digital distribution platforms, and the increasing cultural relevance of gaming across generations.
Major players like Nintendo, Sony (PlayStation), and Microsoft (Xbox) have continued to dominate, but the landscape has also expanded to include indie developers, live-service models, and cross-platform ecosystems. As a result, protecting intellectual property—particularly trademarks—has become more critical than ever, with brand recognition and content ownership playing key roles in competitive positioning and long-term revenue.
Here's what major gaming companies are doing and what you can learn from them:
Nintendo
Cracking down on e-commerce counterfeiters: In 2023, Nintendo partnered with Amazon to sue sellers of fake Amiibos and won a $7 million default judgment, showing how seriously they enforce their trademarks online. This not only shows that e-commerce platforms are interested in maintaining and protecting the rights of intellectual property owners, but are also willing to cooperate with companies to enforce said rights.
Pre-launch enforcement: Nintendo sued Genki for advertising the unreleased “Switch 2” accessories, citing trademark infringement and false advertising, even before launch—demonstrating a proactive strategy in protecting their upcoming IP. Nintendo's approach to the situation stopped unauthorized third parties from using their brand for personal benefit, but, more importantly, it set a precedent for future illicit third parties who would be tempted to do the same thing.
Global reputation defense: Other than these two fairly recent instances, Nintendo has repeatedly taken down unauthorized ROM sites, emulation tools, and piracy platforms—often pursuing trademark or copyright claims to protect its brand and intellectual property. Safe as it may be, this kind of heavy-handed approach has even forced fans and enthusiats to tread carefully when engaging with their IPs—which is not exactly a good thing.
Sony & PlayStation
Trademark shapes and accessories: Sony successfully registered the 3D shape of the DualShock 4 controller as a trademark—overcoming rejection by proving through consumer surveys that the shape was distinctive and associated with the PlayStation brand. This highlights the importance of realizing the most recognizable constituents of your brand—even when they're oftentimes not the brand name or the logo.
Fighting counterfeit game sellers: Sony has taken a strong stance against the unauthorized distribution of counterfeit games, particularly in markets where piracy and fake merchandise pose a significant threat to brand value and consumer trust. A notable example occurred in Australia, where the Federal Court awarded Sony A$ 760,000 in damages against individuals involved in the sale of counterfeit PlayStation games. This case, which centered around the importation and distribution of fake game discs and infringing devices, underscored Sony's proactive legal strategy in defending its intellectual property.
Xbox & Microsoft
Strict partner branding rules: Microsoft enforces detailed brand usage guidelines for developers, hardware partners, and marketing affiliates who use Xbox-related marks. These guidelines cover everything from logo placement and color usage to co-branding and promotional phrasing. Any unauthorized use—such as altering the Xbox logo or misrepresenting affiliation—can result in takedown notices, revoked licenses, or even removal from the Xbox developer program.
Active opposition of similar marks: Microsoft is highly vigilant when it comes to protecting its Xbox trademarks. For example, the company filed an opposition against a mark called “XOGBOX,” arguing it was confusingly similar to “XBOX” and could mislead consumers. Such opposition actions are part of Microsoft’s proactive trademark enforcement strategy. They monitor new trademark filings across jurisdictions and regularly challenge applications that resemble their brands in name, appearance, or market scope—especially in the gaming and tech sectors.
Takeaways
Trademarks are essential brand assets that help companies distinguish themselves in the marketplace and protect their visual and verbal identities from misuse.
In the gaming industry, trademark protection is more important than ever due to the sector’s rapid growth, competitive intensity, and high-value content.
Major players like Nintendo, Sony, and Microsoft employ proactive legal strategies—ranging from pre-launch enforcement and global litigation to registering non-traditional marks like shapes and packaging.
Trademark enforcement goes beyond just names and logos; it includes packaging, shapes, slogans, and even consumer perceptions tied to a product or brand.
Companies that monitor, register, and enforce trademarks consistently are better positioned to preserve their brand reputation, prevent counterfeiting, and maintain long-term market dominance.
If you're a fledgling gaming company, the best time to register your flagship brand was yesterday—the second best time is now. Start with a free lawyer's check to determine whether your brand is eligible for registration.
FAQs - How Gaming Companies Protect Their Trademarks
1. Why are trademarks so important in the gaming industry?
Trademarks in gaming are crucial for protecting the identity and reputation of a game or platform. With the rise of global distribution, piracy, and counterfeiting, trademarks help gaming companies safeguard their names, logos, designs, and even product shapes from unauthorized use. A strong trademark strategy ensures brand recognition, builds consumer trust, and supports revenue generation.
2. Can gaming companies protect things other than names and logos?
Yes. Many gaming companies, like Sony, have successfully registered non-traditional trademarks, such as the shape of a controller (e.g. DualShock 4). Trademarks can cover packaging, sounds, slogans, or distinctive designs—anything that clearly identifies a product’s origin and is recognized by consumers.
3. What happens if someone uses a similar name or product design in gaming?
If a company uses a confusingly similar name or design—like "XOGBOX" instead of "XBOX"—the original brand owner can file an opposition, cease and desist, or even a lawsuit. Courts or trademark offices assess the likelihood of consumer confusion, brand similarity, and market overlap. Companies like Microsoft actively monitor new filings and challenge trademarks that may infringe on or dilute their brands.
