Industry guide · Game studios
How to trademark a game studio name
Your studio name and your game titles are separate marks with separate filings. Here's which to protect first, the classes that cover digital and physical games, and the store page the USPTO will accept as proof.
By Bill, Business Growth Expert · Verified and checked on October 22, 2026
Short answer
File the studio name in Class 9 (downloadable game software) and, if you run online games or events, Class 41. The USPTO fee is $350 per class. Each game title you want to own is a separate application. Search the USPTO plus Steam, console and mobile stores for clashing titles, and use a store page with a working download or buy button as your proof of use.
Should you register the studio name or the game title first?
Level 1
Your studio name
The name on every title, trailer and store page. It protects the studio itself and lasts across every game you ship.
Level 2
Your launch title
Players search for the game, not the studio. If one game carries the business, its title may be the more valuable filing.
Level 3
Merch and spin-offs
Plush, apparel and board-game versions come later. Add those classes when the products are real.
Many indie studios file the launch title first, because that's the name a copycat or a clashing release would hurt most. Studios planning several games usually want both. Whichever you choose, file in the name of the company that owns the game, and check what your publishing agreement says about who owns the title.
Which trademark classes cover video games?
| Class | What it covers | Who needs it |
|---|---|---|
| Class 9 | Downloadable game software for PC, console and mobile | Almost every studio |
| Class 41 | Online non-downloadable games, esports events and entertainment services | Live-service games, browser games, tournaments |
| Class 28 | Board games, card games and toys | Physical editions and plush |
| Class 25 | T-shirts, hoodies and hats | Merch stores |
| Class 16 | Art books and printed guides | Collector editions |
A studio shipping one downloadable game usually needs only Class 9. Our app name guide covers mobile releases in more depth, and the software company guide covers tools and engines you license to other developers.
Where do clashing game titles hide?
Game titles collide more often than most brand names, because so many games share fantasy, space and arcade words. A USPTO search is the start, not the end:
- USPTO Trademark Search: Classes 9, 28 and 41, including pending applications.
- Storefronts: Steam, the console stores, the App Store, Google Play and itch.io, where unregistered games still build rights.
- Big franchises: a well-known series can object even when your game is in a different genre.
For how to run each search and which variants to try, see our trademark search guide.
What proof of use does the USPTO accept for a game?
Usually accepted
- A store page showing the mark with a way to download or buy, captured with its URL and date
- A screenshot of the title screen showing the mark while the game runs
Usually refused
- A “coming soon” or wishlist page with no way to download or buy
- A trailer, key art or press kit
The USPTO's examination manual says a web page that only advertises software, without a way to download, buy or order it, isn't acceptable. Still in development? File on an intent-to-use basis now and send the store page once the game is available.
How much does it cost to trademark a game studio name?
One class is $350 in USPTO fees, so a studio name in Classes 9 and 41 costs $700. Each game title is its own application at the same rates. Intent-to-use filers pay $150 per class for the Statement of Use, and Secure Mark USA's service fee starts at $99. See what each filing package includes.
Check your studio name or game title before launch day.
Run a free trademark searchGame studio trademark questions
What trademark class is a video game?
Downloadable game software is Class 9. Online games you play without downloading, and gaming entertainment services, are Class 41. Board and card games are Class 28.
Can I trademark a video game title?
Yes. Game titles are routinely registered for game software. The USPTO refuses titles of single creative works such as one book or film, so if your title is also a book or film, get advice on how to file.
Should my game studio register its name or its game?
If one game drives the business, protect its title first. If you plan several releases under one studio brand, register the studio name too.
Can I use a Steam wishlist page as my trademark specimen?
Usually not. The USPTO wants a page where people can download or buy the software. A coming-soon page only advertises it.
Does a trademark protect my game’s characters and art?
Not by itself. Copyright protects the art, code and story. A trademark protects names and logos that identify your games, and a character name can be registered if you use it as a brand, for example on merchandise.
Legal disclaimer: This guide is general information, not legal advice. Secure Mark USA is a trademark filing service, not a law firm. Ownership questions in publishing deals and objections from other rights holders need a licensed attorney.
Sources
- USPTO: Fee schedule, checked October 22, 2026
- USPTO: Trademark ID Manual (Classes 9, 28 and 41)
- USPTO: Trademark Manual of Examining Procedure (§904.03(e) specimens for software; §1202.08 titles of single creative works)
- U.S. Copyright Office: Computer programs, including video games
Verified and checked on October 22, 2026.
About the author: Bill
Bill is a Business Growth Expert at Secure Mark USA with two years of Business Growth experience. He works daily with our technical team and senior case analysts to optimize our automated platform, ensuring e-commerce entrepreneurs can seamlessly discover, search, and secure real-time trademark protection. Every fee and deadline in his guides is checked against USPTO sources before publication. This article is for informational purposes only and is not legal advice; Bill is not an attorney.