how can I trademark my Computer Game software?

Question

I'm in India and I don't yet own a registered company. I have developed a Computer Video Game which I want to protect from Intellectual Property Right. First of all I want to protect it's name by a trademark. CopyRight protection is my second priority.

I want to know how can I get the trademark done. Can I do it once in USA trademark office and get my product an internation protection? Or do I have to go for indivisual contries?

I went through the www.uspto.gov website but I'm confused what to do.

Answer 1

You've got two different issues here - trademarks & copyrights. Let's tackle them one at a time.

TRADEMARK - Name

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

There is no one filing that will protect you around the world. The closest is a WIPO filing or an EU filing -- I posted info about both below.

COPYRIGHT - Software

You can do this at the US Copyright Office – see the last 2 links in the source box. The application is fairly simple & the cost is $45 per application.

Despite what others state, a "poor man's" copyright is NOT the same as registering it. Here's what the US Copyright Office has to say:

"The practice of sending a copy of your own work to yourself is sometimes called a 'poor man’s copyright.' There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

You only place a small TM near your logo. it wouldnt hurt to take a picture of ur trademark next to the date of a newspaper or put trademark in envelope and have snail maled to yourself as certified mail. That way u have proof of when you started using trademark. You cando the same with copywrite by putting the small c inside of a circle at bottom of work and include the current year. The R next to logo simple means registered trademark with the same legal rights I believe as the TM which is unregistered trademark.

Answer 3

all and sundry can sue for something, everywhere or each and every time in the event that they have the money. actually, there is not any foolproof thank you to ascertain you is only not sued. All you're in a position to do is bypass forward and face any stumbling blocks mutually as they arrive. Take the modern-day celebration the situation Mcdonalds, the food chain, sued a young person's charity for utilising the "Mc" indoors the charity's call. Her very final call began with a Mc- prefix.