Hi guys!
I have a pretty “advanced” question here, I am wondering how exactly a trademark works on Roblox? Let’s say I trademarked a name of a game already on Roblox because I plan on using this name for my game upcoming and I don’t want anybody else using it, am I able to request a takedown of the original game seen as I have a trademark in place filed with the copyright office?
PS: If this is in the wrong thread, please let me know so I can put it in the correct section.
Bumping back up to the top, hoping for a reply!
You can use TM if the name. Is not generic and it’s a part of your company, it does not have to be registered.
®️ can only be used if the name is a registered trademark of your company.
©️ can only be used if you have copyrighted it for your company.
Overall in places like United States; There are some laws that give TM a sort of protection like the Lanham Act and Uniform Deceptive Trade Practices Act
Basically, my question here is:
Let’s say, hypothetically, I managed to trademark the name “Bloxburg”, for example.
Does that mean I legally own the name and have the rights to tell party A (Bloxburg developers) to take the game down since I own the name, or do they have the rights to the name even though I legally own it now?
The word Blox is not allowed by Roblox. I’m pretty sure they’re going to DMCA you or take legal action if you’re using that word. Names can be considered a trademark like how Big Games trademarked the word “Titanic”
No no no, It was a hypothetical question, I’m saying like if I trademarked a games name that’s already up on Roblox but I want to use that name for my game can I ask the original people to take their game down since I legally own the name? Or do they still have a say.
No, just like other trademark situations, in the United States, common law states that trademarks can “exist” in some form even if not registered, so long as theyre actively being used by a person, company, etc. However, that doesnt stop you from registering your trademark of the same name, but the original user has a good and solid case for disputing it.
Now, in the real world, neither you nor most roblox game developers will have the time nor the money to pursue any sort of dispute.
Okay, so It’s possible to take the name pretty much and use it for my game as long as I get my trademarked filed and accepted? Basically, my “idea” was to use blank for my games name, however a game already exists with that name but if I were to file a trademark and own that name legally do I own the rights to tell that person or roblox to have the game takedown?
First of all, it makes no sense to trademark the name of your game on Roblox, especially if its not already popular and revenue generating.
Secondly, you just said about the exact opposite of what I said in my original post. If the original game has been using that name, then it is trademarked by effective use, even without having a trademark registerd. Just note that you can still file your trademark to be registered, however the original user will have a very easy claim against any legal dispute you file against them.