What is a trademark?
A trademark is a protected element of a brand's identity that distinguishes one company's product from another company's similar product. In the digital industry, products include mobile applications, games, websites, AI solutions, etc.
Why do you need a trademark in the digital industry?
Set yourself apart from competitors
A trademark helps to stand out in the market, gain a foothold in the minds of users and create a story for a company’s digital product. If the brand identity is unusual, a lot of effort and resources have been invested in it, competitors can parasitize on this identity: create clones or copycats.
Legally protect the brand
The presence of a trademark is a matter of legal “hygiene” of the brand, its legal significance. Many marketplaces (for example, Amazon) require confirmation of trademark registration before allowing a company to sell its products on the marketplace.
Prevent violations of exclusive rights
Without registering a trademark and obtaining a monopoly on the brand, you can unintentionally violate the rights to other people's trademarks or become a victim of patent trolls. Patent trolls are not competitors, but can obtain a registration for a brand name and then seek monetary compensation for “infringement” of their trademark rights.
How to determine the goods and services needed to protect the digital industry?
There is the International Classification of Goods and Services (ICGS), which consists of 45 classes: classes 01-34 are goods, classes 35-45 are services. Businesses from different market segments, if the trademarks are not well-known, may have the same names, but these names will be equally protected if they relate to different classes of goods and services.
For example, if a studio has developed a game through which it advertises third-party games, then the main classes will be 09 (mobile applications, computer software) and 41 (entertainment services). Additional classes will be 35 (advertising and promotion of goods and services of third parties) and 42 (software development services).
Worth to mention, trademarks protect your brand in a strictly territorial manner. A trademark is valid only in the country where it is registered. Digital companies should focus not on the source of sales of their product, but on the geography of their audience and the likelihood of a clone or copycat.
How can we help?
Our team can help you with protecting a trademark in the digital industry:
→ Your digital product, which the user perceives among other similar products (for example, name, logo, mascot, slogan, unique color combinations, etc.)
→ Your studio as a developer (for example, name, logo, mascot, etc.)
→ Your market segment from the work of analogues (for example, your application is created to work in fintech, and you need to secure a monopoly on this area relative to your brand)
We divide ICGS classes into basic and additional - based on the specifics of the activity and business need. We also highly recommend registering the trademarks in the jurisdictions where the majority of players or users live or where funds come from.
