Shortly after deciding on the name Distilled for the game’s title, I felt that it would be a good idea to consider investigating how hard it would be to trademark it. I knew absolutely nothing about that process, but after finding out that one of my favorite game designer’s products were trademarked, I thought it would be a good idea to follow suit.
The USPTO is the acronym for the United States Patent and Trademark Office. They handle exactly what it says, as a government entity (part of the Department of Commerce). Did I need to have a trademark for Distilled? Of course not! Will I (hopefully) sleep better at night because of it? I think so. While Jamey Stegmaier’s inspiring business acumen confirmed my inkling, it also happened after reading a post from a famous (and unfortunately, deceased) purveyor of online board game knowledge , by the eponymous URL name of jamesmathe.com. James posted hundreds of informational bits and bobs on his site, well before most people thought to blog and post about such matters (the site is a sort of legendary geek time capsule, as people continue to reference it even now, after he’s passed). One post by Mathe in particular caught my attention: “Dammit Jim, I’m a Publisher, Not a Lawyer!”. While Mathe doesn’t necessarily insist a trademark is necessary, it was that – as well as other content he covered in that post – that helped me realize that I needed to think more about the business side of Distilled than I was near the end of 2019.
In late January 2020, I decided to look into forming an LLC, writing a contract for my game’s artist, and also trademarking my game. In all three cases, I used LegalZoom as a quick and easy way to execute those plans without having to worry about hiring a lawyer. Forming Paverson Games and writing the contract was relatively easy, but the trademark application required quite a lot of research to fully understand the process. Fortunately, the USPTO has created a video tutorial series that explains trademark process and law, while also attempting to simulate a news broadcast. It was quite odd to be watching this while trying to keep a straight face, and its then that you realize that government officials have to try to find the fun in what they do as well, even if that thing is something as dry as trademark and copyright law.
I submitted my trademark application for Distilled in February of 2020. From there, it took a few months to eventually get on the desk of a trademark attorney, who decided it was worth approving for the first stage. Then, it sat “published for opposition” for an entire month. This step makes sure the public has a chance to oppose its registration (basically, if I’m infringing on someone else’s trademark). Last week, I finally received notice that it has passed that phase, and it is now in the final step that needs my approval – I can either file a Statement of Use (demonstrating it being used currently in commerce) or request a 6-month extension. Since it will still be a bit before it is officially sold as a product, I’ll be filing an extension (and can do so up to 5 times, or 36 months). But regardless, the flag has been planted in the sand: Distilled has been officially reserved as a name for a board game with the US Government!
