Many specialists do not consider intellectual property when creating new games, yet it plays a vital role in securing creativity. Alban Radivojevic provides a practical introduction to the core video game intellectual property rights: trademarks, copyright and design rights.
The global games industry is one of the most creative, fast-moving and commercially valuable entertainment sectors in the world. But whether you're developing an indie title from a home studio or launching a multiplatform blockbuster, every game relies on intellectual property (IP).
IP protects the worlds you build, the characters you design, the code you write, and the brand you take to market. Without it, you risk losing control of your own creations. Here's where and how to get started.
Trademarks: Protect your brand name and identity
A strong brand can build long-term loyalty, attract investment, and distinguish your game from hundreds of competing titles. Trademarks are the legal tools that protect this identity.
A trademark can cover far more than a name. It may include logos, taglines, character icons, and any other brand elements that players associate with your studio or game. When you apply for a trademark, you choose specific categories called "classes" that describe the type of goods and/or services you want protection for. For example, downloadable game software sits in one class, clothing in another, and toys or collectibles in several others. Therefore, terms such as "merchandise" can span across multiple classes.
Trademark protection is territorial. A UK registration protects you only in the UK, a French registration only for France, and so on, so studios releasing internationally should think broadly about where their audience is or might soon be. This means filing not only in key markets, but also in growth territories where gaming is booming or counterfeit activity is common.
The process differs by country. In the United States, for instance, you can register based on actual use or on an intention to use the mark later. In China, the system is strictly first-to-file, making early registration essential to prevent trademark squatting. In these and other markets, registration gives studios powerful enforcement rights, including the ability to stop infringing merchandise at the border. This can be a powerful tool where merchandise is a key revenue generator.
Studios should also handle ® and " symbols carefully. The " symbol can be used anywhere to indicate that you consider a sign to be a trademark. The ® symbol, however, must only be used in countries where the mark is registered; using it elsewhere can be unlawful. Use of the " symbol should not be underestimated as it can be used as evidence to show that a particular mark, slogan or brand element is being used as an indicator of origin. This is particularly important for trademarks that may inherently have a low level of distinctiveness. Where IP offices object to the registration of such inherently weak trademarks, being able to demonstrate that the mark in question has been used in trade for several years and that the public have been taught (via the use of the " symbol) to identify the mark in question as a brand may likely get your trademark accepted and the objection overturned.
Early name searches, securing domain names, and filing before major announcements are all simple steps that can prevent costly disputes down the line.
Copyright: Protect the creative substance of your game
If trademarks protect the identity of a game, copyright protects its substance; e.g., the artwork, code, story, soundscape and more. Almost everything in a game is likely to be covered by copyright in some form.
In many countries, such as the UK and within the EU, copyright protection arises automatically the moment an original work is created. There is no register or application process, and the protection lasts for many decades. But although copyright exists automatically, ownership does not. This is a critical issue in gaming, where many different creators contribute to a final product.
For employees, the studio typically owns the copyright, but only if the work was created in the course of their duties. Work produced outside those duties may not belong to the studio at all unless there is something in their employment contract that says otherwise. For freelancers and contractors, the default position is that they keep the copyright unless they sign a written agreement assigning it to you. In some cases, the person commissioning the work may have agreed to terms and conditions which stipulate the position on IP rights. For example, you will typically find that such terms and conditions state that the freelancer will own the copyright until payment of their final invoice.
This distinction matters immensely in gaming. Without clear ownership of artwork, soundtracks, scripts, or code, a studio cannot safely publish, commercialise, or license its own game or enforce its rights against a third-party infringer. A missing contract can jeopardise the entire project.
Globally, copyright rules differ. However, at minimum, every studio should maintain good documentation: version histories, creation records, and proof of ownership or licences for every asset used. Many countries offer additional registration systems (for example, the US and China), which can provide extra enforcement benefits. For example, a copyright registration certificate can be used in China when seeking the removal of infringing products from third-party platforms.
Design rights: Protect how your game looks
Games are visual experiences. Characters, UI layouts, weapon designs, icons, outfits and decorative skins all contribute to the player's immersion, and each of these can potentially be protected through design rights.
Design rights protect the appearance of an object, not its function.
Registered designs can protect everything from character outfits to HUD layouts and can last up to 25 years. Unlike trademarks, they are not restricted to classes, which gives them a broad and flexible scope. They are also relatively cheap compared to trademark registration.
In addition to registered rights, jurisdictions such as the EU and UK also offer forms of unregistered design protection, with the most relevant for video games in the UK being the Supplementary Unregistered Design (SUD). SUD protects the full appearance, including decoration, for three years from the first public disclosure. This is useful when studios reveal concepts or characters early but still want some form of protection. An equivalent right is also available within the EU.
Design protection is often one of the most underutilised tools in the IP arsenal. Unlike trademarks, registered designs are not limited by specific classes, and registration costs are significantly lower. As a result, they can offer broad and cost-effective protection for visually distinctive game assets.
However, timing is critical. Registered design protection must generally be sought within 12 months of the design first being disclosed to the public. In practice, it is not uncommon to discover that a design was published – on a website, in a trailer, or at a trade show – more than 12 months ago, which can destroy the design's novelty and prevent registration altogether.
Studios should therefore treat design disclosure dates as a key internal deadline and ensure that any design with potential long-term value is flagged early. Setting a clear reminder as soon as a design is first made public can make the difference between securing strong protection and losing the opportunity entirely.
Costs and strategies for reducing them
Protecting IP rights does not have to be prohibitively expensive, and with the right strategy, studios of all sizes can obtain strong protection while managing budgets effectively. Trademark and design registrations involve official fees that vary between countries, and these can accumulate when filing in multiple territories. However, several mechanisms exist to help reduce overall costs.
One of the most effective tools is the use of priority dates, available under international agreements such as the Paris Convention. When you file a trademark or design application in one country for the first time, you generally have six months to file corresponding applications elsewhere while keeping the same priority date. This allows studios to:
- Spread filing costs over several months rather than paying everything upfront.
- Assess early market reception before committing to further filings.
- Maintain an earlier effective filing date globally, which can be crucial in first-to-file jurisdictions such as China.
Studios can also reduce costs by bundling applications – both the UK and EU allow multiple designs to be filed together at a reduced cost per design. Another strategy is to focus on a curated list of priority markets rather than filing everywhere at once. Consulting with IP professionals early can help ensure that money is spent strategically rather than reactively.
Integrating IP into the game development process
Strong IP protection is not something added at the end of a project; it should be woven into each stage of development.
In preproduction, studios should clear their game names, secure domain names, and ensure all contributors (employees or freelancers) sign agreements assigning IP to the studio or relevant entity. Early visual concepts should be kept confidential until after decisions about possible design filings are made.
During production, studios should maintain a detailed asset register and ensure every external asset (fonts, textures, plugins, sound libraries) is correctly licensed. This is also a good time to evaluate whether any character or visual designs merit registration.
As launch approaches, trademark filings should be in place in any key or emerging markets. A copyright audit helps confirm ownership or licensing of all major assets. Registered design applications should be completed before major marketing activity.
Post-launch, studios should monitor global markets for copycats, counterfeit merchandise or infringing mobile apps. IP strategies should evolve as games expand through DLCs, seasonal updates, merchandise, or sequels.
Avoiding common mistakes
Many IP problems in gaming are avoidable with early planning. The most frequent pitfalls include hiring freelancers without written assignments, choosing a game name already used in another market, assuming trademark rights apply globally, and revealing designs too early without filing for protection or failing to apply for design protection in time. Another common risk is using supposedly "free" assets without checking whether the licence allows commercial use.
Final thoughts about video game intellectual property
The gaming sector thrives on creativity, innovation and identity. IP rights are the legal foundation that protects these things. Whether you're developing concept art, crafting a distinctive UI, building a community around your brand, or expanding into new markets, IP gives you the tools to control and commercialise your work.
By understanding the different types of IP and integrating them into your development process, you can strengthen your studio's position, reduce risk and build long-term value across global markets.
How we work with businesses of all sizes
Our lawyers and attorneys have experience advising gaming developers and publishers. We understand that every studio, whether a two-person team or a global brand, needs IP protection that fits its budget and creative goals. We pride ourselves on offering flexible, transparent fee structures, including staged filing strategies, fixed-fee packages, and tailored support for long-term IP planning.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
