When developers think about trademark protection, they usually think about The Game. Look at the cover of lots of our favorite games and you’ll see the little TM or circle-R symbol on the game name. Makes sense: the game is the product, the thing players search for and talk about. But there’s another brand sitting right next to it that often goes unprotected: the studio name itself.

These are two different marks, and in many cases, it’s good to get both registered. Here’s why.

They Do Different Jobs in the Marketplace

A game title identifies a specific product. A studio name identifies the creator behind that product, and potentially every product made going forward.

Think about how this plays out in practice. A player might love Expedition 33 and go looking for more games by Sandfall Interactive. The game title and the studio name are both doing branding work, but for different things. One points to the product while the other points to the source.

That distinction is important from a legal perspective. Trademark protection attaches to a mark as used in connection with specific goods or services. A registration for a game title covers that game (and potentially a series, if used that way). A registration for a studio name covers the registrant as a publisher or developer across the entire catalog.

Why Registering Only One Leaves Gaps

Imagine a developer registers their game title but not their studio name. A competitor could operate under a confusingly similar studio name in the same space, and they’d have limited recourse, especially if they’re careful not to release a game with the developer’s exact title, and especially if it’s unclear who used the name first. The game’s players might associate their work with the other developer, the developer’s reputation takes a hit, and the developer’s registered game title doesn’t help them much because the infringement is happening at the studio level.

The reverse is just as problematic. Register the studio name but not the game title, and someone else could release a game with the same or a confusingly similar title. The studio registration doesn’t automatically protect the game’s brand. The developer would be relying on common law rights accruing from actual use, which are harder to enforce and limited in scope.

The Classes You’re Filing In Do Make A Difference

Trademark registrations are organized by international classes of goods and services, and the strategy behind what to file differs between a studio name and a game title.

For a video game title, the go-to is typically Class 9 (downloadable games and software) and/or Class 41 (entertainment services, online gaming). If planning merch, Class 25 (clothing) or Class 28 (toys and games) may be relevant too.

For a studio name, the goal is protecting the brand as a publisher or developer across multiple titles and potentially multiple categories of goods and services. Additional classes covering things like streaming content, esports, or publishing services might belong in the picture too; it depends (a lawyer’s favorite words) on how the studio both operates today and plans to operate in the future.

Getting the class strategy right is critical because your protection extends as far as what is actually registered. Not only that, but cost also comes into play here, as each class you file in adds another $350 or so to your trademark tab. An attorney can help you build a filing strategy that reflects how your business actually operates.

Timing: Which Comes First?

Ideally, both. In practice, most studios register the game title first because that’s what’s going in front of consumers at launch. That’s a reasonable starting point, but the studio name shouldn’t lag far behind, especially if building toward a second title, signing licensing deals, or entering any kind of publishing relationship where your name is part of what you’re bringing to the table. Some deals also require seeing trademark rights for brand names, including the studio name.

For example, if a solo developer is releasing their first game under a studio name they plan to keep using, they should treat both marks as launch priorities. The filing fees are modest relative to the protection they’re buying, and early filing dates matter enormously if a conflict ever comes up down the road.

One More Thing! Make Sure the Marks Are Actually Yours

This comes up more often than some might expect. If the studio is an LLC or corporation, the entity should own the trademark registrations–not the developer personally. If in a partnership or co-founders are in the picture, sort out IP ownership in the operating agreement before filing. Trademark ownership disputes between founders are messy, expensive and entirely avoidable with a little upfront planning.

Similarly, if time has passed operating under a name without registering it and a developer is now bringing on investors or negotiating a publishing deal, expect the IP situation to be scrutinized. Clean, registered marks in the right name make that process a lot smoother.

The Bottom Line

A studio name and a game title are both valuable brands, and they protect different things. A complete trademark strategy covers both: filed in the right classes, owned by the right entity and timed to give the strongest possible priority date.

When building a studio for the long term, this is foundational work worth doing right. Working with a lawyer makes it easier.