Video Game or Gaming Studio Trademark: Which Classes to File?
Classes 9, 41 and 42: how to structure a video game or gaming studio trademark filing at INPI or EUIPO.
Video gaming is a sector where intellectual property is a major strategic asset. The game name, the studio name, sometimes character or franchise names — each can be the subject of a separate trademark filing. The choice of classes depends on what you are protecting and your distribution model.
Before filing, verify your trademark is available and registrable. For the full process, see the trademark filing guide.
Class 9 covers game software, mobile game applications, and downloadable game programmes. This is the base class for any video game, whether distributed on PC, console, or mobile. If your game is downloadable (Steam, App Store, Google Play), class 9 is the priority.
Specify the type of game: “video game software”, “mobile game applications”, “downloadable game software” rather than a plain “recorded software”. This precision strengthens your protection against a challenge or a revocation for non-use.
Class 41 covers entertainment services, provision of online games, production of entertainment content, and organisation of events (tournaments, esport competitions). If your game is accessible online without downloading (browser game, cloud gaming), class 41 is particularly relevant as it covers provision of online games.
For studios, class 41 also protects the activity of producing interactive entertainment content — which covers game development as a creative service.
If your studio provides development services for third parties (work for hire), or if your game operates on a SaaS/cloud gaming model, class 42 comes into play: software development, SaaS, cloud computing, server hosting. For SaaS specifics, see the article on classes for a SaaS trademark.
If your game franchise extends to merchandise (clothing, figurines, accessories), you will need to protect these products in the corresponding classes: class 25 for clothing, class 28 for toys and figurines, class 16 for printed publications. For clothing specifically, see the article on clothing trademark classes.
A point studios sometimes forget: the game name and the studio name are two distinct trademarks. If your studio produces multiple games, each franchise deserves its own filing. The studio name covers your developer/publisher activity. The two filings do not necessarily target the same classes.
Gaming is a sector where counterfeiting and opportunistic filings are common. If you are developing a game with commercial potential, filing the trademark before the public announcement is a basic precaution. If you would like to structure your gaming trademark strategy, book a call.
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