SigninG a Publishing Contract

7a. Retaining the Title of your game


Your publisher will likely pay to register a trademark for your game’s name. Trademark protection provides the trademark's owner with the exclusive right to use a particular brand name in connection with the sale of goods or services, for as long as they are actively using that brand. This is meant to prevent confusion in the marketplace, so that there aren't multiple different games with the same name.


The publisher may try to include language in your contract that says they keep that trademark even if your contract ends. This could make it harder for you to pitch your game to another publisher: they would have to publish the game with a new name, and you would not get the benefit of any name recognition that it might have.


Arguably, when a publisher loses the license to actively market your game, their right to the trademark should also lapse. You should try for language that allows you to keep rights to the name of your game when your contract ends.

On termination of this Agreement, if Publisher has acquired any rights of its own, such as trademark and patent rights, in connection with the publication of the Item, such rights shall be assigned to Author, and Publisher shall, at no cost or expense to Publisher, sign such documents and instruments reasonably requested by Author to evidence same.

In contrast, here is an example of contract language that attempts to prevent the name from reverting to you: 

DESIGNER agrees that unless defined otherwise in Exhibit A that PUBLISHER will own all right, title and interest to: the name associated with the commercial publication of GAME, and trademarks and trade dress associated with the commercial publication of GAME.

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