If simple words cannot be trademarked, then why do we have videogames with their names trademarked like Mafia, Grand Theft Auto, Battlefield, Control and so on ?

Question

If simple words cannot be trademarked, then why do we have videogames with their names trademarked like Mafia, Grand Theft Auto, Battlefield, Control and so on ?

In: 0

Answer 1

They can be trademarked, but a trademark is not a copy right.

A trademark only saves that word or group of words for a specific “Trade”, a specific usage.

So, Rockstar games has Grand Theft Auto trademarked, but their “Grand Theft Auto” trademark likely only applies to video games and merchandise for the game.

If you wanted to, idk, open a bar called “Grand Theft Auto”. You probably could, because your bar where you serve food and alcohol, and Rockstars videogame and videogame related merchandise, are not of the same “trade”. You’re working in totally different markets. (Again, this is a PROBABLY because I have no idea if rockstar has also filed and been given trademarks for food and beverage places, I doubt they have, but I could be wrong.”

Now if you then also used the GTA logo and art, then that would be violating copyright laws, because logos are art and copyrighted.

Or for another example, you couldn’t make another videogame called “Battlefield”, but you could probably open up a paintball course and call it “Battlefield”