Expert: Shannon Moore - 12/19/2009

Question
QUESTION: Hi, Iam looking to copyright and trademark a board game, and I have been told that it can be done online through copyright.gov, or uspto.gov. What specific forms should I be looking for since there are a number of them.
Thanks Sean.

ANSWER: Dear Sean,

I'll explain both & that should get you going in the right direction.

COPYRIGHT - the GAME

"Copyright does not protect the idea for a game, its name or title, or the method or methods for playing it. Nor does copyright protect any idea, system, method, device, or trademark material involved in developing, merchandising, or playing a game. Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles. Copyright protects only the particular manner of an author’s expression in literary, artistic, or musical form."

First, I recommend reading the US Copyright's Flyer about games:
http://www.copyright.gov/fls/fl108.html

Secondly, the Copyright Office charges $35 per application & you can file electronically here:
http://www.copyright.gov/eco/

TRADEMARK - NAME of the game

To protect a product name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

It's necessary to have comprehensive research on the mark done prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searches of the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, the Federal Trademark Application can be prepared & submitted. Technically, the form is called the Trademark/Servicemark Application, Principal Register.

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

Warmest regards,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com
Twitter @TradeMarkExpres

---------- FOLLOW-UP ----------

QUESTION: Thanks for your previous answer. I have two questions..First do you think that copyrighting and trademarking would be adequate protection, or would you also recommend patenting, which I have been told can be rather tedious and expensive. And when it comes to confidentiality agreements, do I need a lawyer or can I just download a confidentiality agreement online?
Thanks Sean

Answer
Dear Sean,

A patent for a board game doesn't sound appropriate but since I don't know all the details it certainly couldn't hurt to consult with an IP attorney to make sure all your bases are covered.

Confidentiality agreements are beyond my expertise but here's a couple of links from sites that I trust that should help you further:

http://www.ipwatchdog.com/tradesecret/confidentiality-agreements/ -- Confidentiality Agreements Written by Gene Quinn, Patent Attorney & Trademark Law Expert, President & Founder of IPWatchdog.com
http://www.nolo.com/legal-encyclopedia/article-29630.html -- Nondisclosure Agreements from NOLO.com

Let me know if I can assist you with anything else.

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

Warmest regards,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com
Twitter @TradeMarkExpres