Kids, toys and games · usually Class 9 or Class 41
What trademark class are video games?
Downloadable game software is Class 9. Games people play online in a browser without downloading are usually a Class 41 entertainment service. Most studios file both, and add Class 28 for physical toys or Class 25 for merch.
The usual classes
Classes sellers often add
You pay $350 per class, so add a class only for goods or services you actually offer under the name.
Getting the wording right
Knowing the class is half the job. The application also needs a description of your goods in the USPTO's own terms. Wording taken from the USPTO ID Manual costs nothing extra; a custom description adds a $200 per class surcharge. The class finder suggests matching wording from a plain-English description.
Browse Class 9 wording in the USPTO ID ManualWhat filing for video games costs
- USPTO fee: $350 per class with an ID Manual description.
- Custom description surcharge: +$200 per class.
- TradeMaker attorney-filed plans: from $149 (Express Filing) or $399 (Basic), plus the USPTO fee.
- Timeline: usually 12–18 months from filing to registration.
Common questions
What trademark class are video games?
Video games are usually Class 9 (Electronics & Software) or Class 41 (Education & Entertainment). Downloadable game software is Class 9. Games people play online in a browser without downloading are usually a Class 41 entertainment service. Most studios file both, and add Class 28 for physical toys or Class 25 for merch.
Do I need more than one class for video games?
Only if you sell more than one kind of goods or services under the name. Common additions: Class 28 (physical toys, figures or card games); Class 25 (merch); Class 42 (game development for clients). Each class has its own USPTO fee, so file only for what you actually sell or have a real plan to sell.
How much does it cost to trademark video games?
The USPTO fee is $350 per class when the goods or services description comes from the USPTO ID Manual. Writing your own description adds a $200 per class surcharge. TradeMaker's attorney-filed plans start at $149 (Express Filing, one class with ID Manual wording) or $399 (Basic), plus the USPTO fee.
How long does it take to register a trademark for video games?
Expect 12–18 months from filing to registration. The USPTO reviews the application, may issue an office action, publishes the mark for opposition, and then registers it.
Where do I find the exact wording for video games?
The application has to describe your goods or services in the USPTO's terms. Describe what you sell in the free class finder to see matching classes and wording, or search the USPTO ID Manual for Class 9. Using ID Manual wording avoids the $200 per class custom-description surcharge.
Related products and services
General info, not legal advice. The USPTO decides the final classification.