[Trademark Registration] What Types of “Game” Trademarks Can Be Registered?

I’m about to release a new game, but I’ve been hearing a lot about trademark troubles lately… Maybe I should apply for a trademark too.
But what exactly should I be filing for when it comes to game‑related trademarks?

When it comes to game‑related trademarks, one of the most common is filing for the game title itself!
But that’s not the only option — in the gaming industry, trademarks are filed in many different ways. Let me walk you through some examples that might be useful.

Trademarks for Games: What You Need to Know

When we talk about trademarks in the gaming field, the most obvious example is the trademark for the game title itself.

You can file a game title itself as a trademark.
In fact, a quick search of the Japan Patent Office database shows that many well‑known game titles are already registered trademarks.

• 「Super Mario Bros.」（Trademark Registration No. 2098905, etc.）
• 「Pocket Monsters」（Trademark Registration No. 4245696, etc.）
• 「Final Fantasy」（Trademark Registration No. 2218951, etc.）
• 「Dragon Quest」（Trademark Registration No. 2136712, etc.）
• 「Dark Souls」（Trademark Registration No. 5416193）

※In the following guide, we use the trademark of “Pocket Monsters” as an example to highlight the advantages of filing trademarks in a variety of forms. We invite you to take a look.
・Protect Your Brand from Every Angle: The Power of Filing Trademark Variations (The “Pokémon” Case)

[Reference] Registering Game Titles as Trademarks

Novel Titles Cannot Be Registered as Trademarks

The Japan Patent Office (JPO) has published the Trademark Examination Guidelines, which outline the standards used to determine whether a trademark can be registered or not.

According to these guidelines, if someone applies to register the title of a novel (or similar work) as a trademark for “books” as the designated goods, such an application will not be accepted (link).

The logic is simple: the title of a novel merely indicates the content of the book, and does not function as a distinctive sign to identify its source.

For example, if there is a novel titled “Murder in the Snowy Mountain Lodge”, readers would naturally understand the book as “a novel about a murder that takes place in a snowy mountain lodge.” In other words, the title merely describes the content of the product (the book).

Trademarks that only describe the content of goods fall under Article 3(1)(iii) of the Trademark Act, meaning they lack distinctiveness as a mark and therefore cannot be registered.

For more details on trademark requirements, see our guide:
・A Quick Overview of Trademark Basics and Registration Requirements

Why Can Game Titles Be Registered as Trademarks?

On the other hand, unlike book titles, video game titles are generally eligible for trademark registration.

Interestingly, the official examination guidelines do not provide a clear explanation for why game titles are treated differently from novel titles.

However, one possible reason is that it is generally difficult to infer the specific content of a game from its title alone.

For example, from a title like “Super Mario Bros.”, you would not necessarily be able to guess that it is a side-scrolling action game (or in modern versions, a 3D action game) where the player controls a character that powers up by collecting items such as mushrooms, jumps over obstacles, and defeats enemies.

Video games, unlike books, are interactive works. Their content dynamically changes in real time depending on how the player operates the game within its rules. This interactive and variable nature, which does not exist in most other media, may explain why game titles are treated as capable of functioning as distinctive trademarks.

Unique Examples! Unusual Trademarks Related to Games

So far, we’ve looked at game titles as the most common example of trademarks in the gaming industry.
But in fact, there are a variety of other trademarks connected to games that have also been registered. Here, we’ll introduce some of these unusual examples.

Subtitles

Not only main game titles, but also subtitles can be filed and registered as trademarks.

For example, the following subtitles have been registered as trademarks:

■ Pocket Monsters (globally known as “Pokémon”)

• “Pocket Monsters Red” (Trademark Registration No. 5222900)
• “Pocket Monsters Green” (Trademark Registration No. 5222901)
• “Pocket Monsters Scarlet” (Trademark Registration No. 6617377, etc.)
• “Pocket Monsters Violet” (Trademark Registration No. 6617378)

From the original release to the latest 2022 titles, trademark applications have been filed and registered.

■ The Legend of Zelda

• “A Link to the Past” (Trademark Registration No. 5603815)
• “The Wind Waker” (Trademark Registration No. 4648716, etc.)
• “The Legend of Zelda: Breath of the Wild” (Trademark Registration No. 5903995, etc.)

In some cases, applications are filed together with the main title, while in other cases the subtitle alone is filed as a trademark.

Character Names and Visuals

It is also common to file trademark applications for the names and visual designs of characters that appear in the game.

■ Pocket Monsters (Pokémon)
Pikachu has been registered not only as a character name (Trademark Registration No. 4288312), but also with its visual design (appearance) as a trademark.
In addition, many other Pokémon characters — both their names and visual designs — have also been registered as trademarks.

ピカチュウの商標 （商標登録第4247910号）	ヒトカゲの商標 （商標登録第4288309号）

Pokémon Type Names

In the case of Pokémon, even the Pokémon type names themselves have been registered as trademarks.

• Grass (Trademark Registration No. 6262692)
• Fire (Trademark Registration No. 6262689)
• Water (Trademark Registration No. 6262691)
• Lightning (Trademark Registration No. 6262687)
• Psychic (Trademark Registration No. 6262693)
• Fighting (Trademark Registration No. 6256365)
• Dark (Trademark Registration No. 6262688)
• Steel (Trademark Registration No. 6262690)

It should be noted that in the video games, Pokémon types are displayed as “Fire”, “Water”, “Psychic”, “Ghost” and so on.
Therefore, the above trademark registrations appear to correspond to the type names used in the Pokémon Trading Card Game (TCG) rather than those in the video games.

(Incidentally, the Pokémon TCG also includes “Colorless” and “Dragon” types, but these do not appear to have been registered as trademarks.)

Regarding the trademark “Grass” (“草” in Japanese), we have also provided an explanation in the following guide article. Please feel free to take a look:
・“Can a Single Kanji Character Be Registered as a Trademark? (Using Nintendo’s Registration of ‘草’ as an Example)”

The Names of the moves

The well‑known spell name “Megante” from Dragon Quest has been registered as a trademark (Trademark Registration No. 2408845).

Similarly, the magic spell name “Cure” from Final Fantasy has also been registered as a trademark (Trademark Registration No. 3020944).

Conclusion

As explained above, a wide variety of trademarks can be filed in connection with video games.

Of course, it is not necessary to apply for all possible types of trademarks. Instead, it is advisable to carefully consider which applications are most appropriate based on how you actually plan to use your trademarks.

By registering a trademark and obtaining trademark rights, you gain the exclusive right to use that name for the designated goods or services, along with many other benefits.

For more details on the advantages of trademark rights, please see the following article:
・“Protecting Your Valuable Brand: The Benefits and Effects of Trademark Registration”

If you are unsure about which type of trademark you should file, feel free to consult with us at Amazing DX.
※ Simply click on the speech bubble icon at the bottom right to start an easy consultation.
A licensed patent attorney — an expert in trademarks — will provide you with an answer.

Wow, even a single game involves so many different trademarks!
For now, I’ll apply for a trademark on the game title, but I should also think about whether there are other things worth trademarking.

I’m glad I could help!
At Amazing DX, you can file a trademark application easily and at a low cost.
We also offer a free trademark search, so please feel free to make use of it!

I see, got it!
Thanks, DX-kun!