As creators of board games, we pour immense effort into designing unique mechanics, stunning artwork, and compelling narratives. However, bringing a board game to market also means navigating the complex world of intellectual property (IP) protection. Without the right safeguards in place, the originality of our designs and brands may be at risk. Fortunately, there are several effective strategies to protect our game’s design and brand identity, ensuring that our hard work is not exploited by copycats.
Securing a Design Patent in China
One of the most effective—yet often underestimated—ways to protect a board game’s design is by securing a design patent in China. While many creators focus on trademarking their game title or logo, this alone provides little protection in the Chinese market. In fact, due to the common issue of trademark squatting, a trademark registered in China may not prevent unauthorized use or production of your game.
China has long been known for its rapid manufacturing capabilities, offering significant advantages in terms of efficiency and cost. However, this same advantage can become a vulnerability when knockoffs start to appear. This is where the value of a design patent becomes clear. The Chinese government has taken meaningful steps in recent years to strengthen its intellectual property enforcement, and holding a valid design patent enables us to take swift legal action against factories attempting to replicate our product.
A design patent provides legal recognition of a product’s visual appearance, covering aspects such as the shape, layout, configuration, and decorative features of game components. What makes this particularly powerful is that even if a counterfeiter changes the design slightly, the core protection offered by a well-crafted design patent can still apply. It is one of the few legal tools in China that allows a game creator to shut down unauthorized production quickly and effectively.
However, it is important to note that a design patent only covers the physical appearance of a game—it does not protect the gameplay mechanics, rules, or ideas. For creators looking to protect how their game plays, other strategies such as copyrighting the rulebook or publishing detailed gameplay documentation may be needed.
Applying for a design patent in China involves several key steps:
- Conducting a Patent Search: Before filing, it’s crucial to ensure that the design is novel and has not been previously registered.
- Preparing the Application: The patent application should include detailed illustrations and descriptions of the game’s unique design elements.
- Filing with the China National Intellectual Property Administration (CNIPA): Once submitted, the patent undergoes an examination process before being granted protection.
By taking this proactive measure, we not only deter counterfeiters but also strengthen our legal standing in case of disputes. Protecting our game at the design level ensures that our original vision remains intact and exclusive to us.
Protecting Our Brand on Amazon
Beyond safeguarding our game’s design, protecting its brand identity is equally important. Many modern board games are sold through e-commerce platforms, and Amazon stands out as one of the most significant marketplaces. To ensure that our brand remains secure, we can leverage Amazon’s Brand Registry Program.
Amazon Brand Registry offers several advantages, including:
- Trademark Protection: Registering a trademark for our game name and logo allows us to prevent unauthorized sellers from using our brand.
- Automated Protections: Amazon’s automated tools help detect and remove counterfeit listings that infringe upon our brand identity.
- Access to Legal Support: Amazon provides access to intellectual property attorneys who specialize in brand protection, further reinforcing our defenses.
To enroll in the Brand Registry Program, we need to:
- Obtain a Trademark: Registering a trademark in key markets (such as the United States, European Union, or China) is a prerequisite for the program.
- Submit an Application to Amazon: This includes providing trademark details and proof of ownership.
- Utilize Brand Protection Tools: Once approved, we can actively monitor and report any infringing listings.
By establishing strong brand protection on Amazon, we can prevent counterfeiters from misrepresenting or devaluing our game, ensuring that customers receive authentic products directly from us or our authorized sellers.
Exercising Caution When Selling on Walmart
While Amazon provides extensive brand protection tools, Walmart’s marketplace presents additional challenges. Walmart’s platform is growing in popularity, but it does not yet offer the same level of IP protection as Amazon. This makes it a riskier environment for board game creators who have not fully secured their design and brand rights.
To mitigate these risks, we recommend delaying the sale of our game on Walmart’s marketplace until we have:
- Secured a Design Patent: Ensuring that our game’s visual elements are legally protected prevents unauthorized replication.
- Registered Our Trademark: Holding a registered trademark reduces the likelihood of brand misrepresentation.
- Established a Strong Presence on Amazon: Gaining brand recognition and enforcing protections through Amazon first allows us to build a reputation and establish precedence in case of disputes.
Walmart’s open marketplace model means that third-party sellers can list similar or even counterfeit products more easily. By waiting until we have robust protections in place, we can better control our game’s distribution and prevent unauthorized sales.
Final Thoughts
The board game industry is a thriving and competitive space, making intellectual property protection a top priority. By securing a design patent in China, we can prevent unauthorized manufacturers from copying our game. By enrolling in Amazon Brand Registry, we can safeguard our brand identity and ensure that customers receive authentic products. Finally, by exercising caution with Walmart’s marketplace, we can minimize the risks of brand infringement and unauthorized sales.
At Hero Time, we are committed to not only manufacturing high-quality board games but also helping creators protect their intellectual property. By taking these proactive steps, we can confidently bring our games to market, knowing that our creativity and hard work are secure. Protecting our ideas is just as important as bringing them to life, and with the right strategies, we can ensure that our board games remain uniquely ours.
