Naming Games - What's allowed?

[CrazyCrab]

Hi everyone,

given that my game may turn out to be commercial I want to make sure I won't break any rules.

I was going to name my game ''Forsaken'' but a quick Wikipedia search gave me http://en.wikipedia.org/wiki/Forsaken ,

meaning that there is already a N64 game with the same name.

What can I do to keep the name? I guess I can change it to ''Tales of the Forsaken'' or something, right? Or ''Forsaken: Tale of the Immortals'' etc...

Or is it possible to keep the name because of how old the other game and there can be no confusion?

Also, there is a music album with the same name - does this mean that different ''genres'' of things can have same names?

Thanks!

 

[EternalShadow]

Well, is Foresaken trademarked?

Different genres can have the same name as long as it is not trademarked. The name also has to be longer than one word and to do with something specific. For example, Harry Potter is trademarked. Twilight isn't.

 

[CrazyCrab]

Hmm this search tells me that all the single word ''Forsaken'' trademarks have been abandoned / have to do with something else than video games.

EDIT: The link doesn't work.

This is what I used: http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4806:7hhmun.1.1

 

[EternalShadow]

Hmm this search tells me that all the single word ''Forsaken'' trademarks have been abandoned / have to do with something else than video games.

EDIT: The link doesn't work.

This is what I used: http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4806:7hhmun.1.1

Then you should be ok, but if you wanted to go comm., try trademarking first before release so that if there are any issues, the name can be changed ahead of time.

 

[tearsofthenight]

My game is named after the latin word for friendship!

 

[Clord]

I have an example.


There is already a game known as "Kingdom of Amalur: Reckoning"


Yet it doesn't mean you can't use word "kingdom" as long you name it clearly as separate series.


Just like "Kingdom The Clans" is not same as "The Clans - Cursed Souls."


You gotta trademark games one by one but if there is already known game called that in the internet, it will be rejected (even if author of the said game didn't trademark the name.)