An interesting computer game title can help achieve commercial success. The more creative and catchy the name, the more interested the creator or publisher of a given production will be in securing its protection. Such protection under the Copyright and Related Rights Act can prove problematic, as many titles struggle to acquire the individual character necessary to obtain copyright protection.
In such a situation, the best option seems to be registering our game's title as a trademark. No provisions of Polish or EU law prohibit obtaining protection for this type of designation. Therefore, the game's title can be registered as long as it meets the general requirements for trademarks. In particular, it must be capable of distinguishing the goods or services of one company from those of others.
Importantly, the title we wish to register cannot be descriptive in nature. This situation occurs when the mark indicates the services or goods that will be provided under that mark. If a financial sector entity were to register the word mark "best finance," any recipient of such services would clearly interpret this type of mark as being associated with the financial sector, and this mark simultaneously refers to the quality of the services provided.
A similar situation occurs with computer game titles. Drawing on the Intellectual Property Office's previous practice, the word mark "Farming Simulator" is an example, as it was not registered due to its lack of distinctiveness. In this situation, there is no doubt that in a game with this title, the player will have the opportunity to assume the role of a farmer managing a farm and learn the ins and outs of the agricultural craft. If the Office were to approve the registration of this type of mark, it would significantly limit other computer game producers' ability to create titles with similar themes, which indicates the wisdom of this decision. On the one hand, a company that obtains protection for such a descriptive mark would gain a significant advantage in this regard, but on the other hand, they would be significantly restricted if they wanted to create a game with a different theme, as they could easily infringe on the rights of another entity that has registered a different descriptive mark. On the other hand, we can safely register inventive and original names, such as "Assassin's Creed." This common name doesn't directly indicate what the game is about. Each title you want to register must be subjected to a separate analysis, which will help you assess whether the game is distinctive. Before registering, you must also remember to verify whether the name or a similar name has not already been registered by another entity.
This alert is for informational purposes only and does not constitute legal advice.
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