16/04/2025
Having previously reported on the link between those with registered trade mark protection and success at the Brit Awards 2025, we further explore this pattern in relation to the BAFTA Games Awards.
The BAFTA Games Awards, which took place last week, recognises and celebrates creative achievements in the video game industry. It is not surprising to see that the majority of the award winners have registered trade protection over the name of their video game.
When looking at the take down systems relating to app names on the Apple App Store, where a potential infringement is identified, Apple have a specific claim form to deal with this which requires you to state whether you are a right owner. This is similarly the case in relation to apps on the Google Play Store where those who are intellectual property right holders can submit complaints relating to cases of possible infringement. Both app stores make it clear that they do not tolerate intellectual property infringement, hence having registered protection and in turn being able to utilise these services is important.
BAFTA Games Awards 2025
Only three of the 18 awards were awarded to a video game without a trade mark registration of its name.
Not only is it again interesting to see the positive trend in relation to success at award shows and being owners of intellectual property protection here, but it is also interesting to see what the registered protection covers.
Most notably, Astro Bot took home five awards including Best Animation, Best Game, and Best Game Design. The Astro Bot registrations not only cover the expected goods and services relating to video game software and the provision of online video games, but there is also coverage expanding into merchandise e.g., bags, clothing, and toys. This reflects the offering of Astro Bot branded hoodies, t-shirts, water bottles and journals on the PlayStation website. It is common for successful video games to expand into offering merchandise as loyal gamers often seek to further associate with the game. Hence, having such trade mark protection going beyond the core goods and services offered by the game not only enables those behind the video game to easily enter the sphere of merchandise themselves, but also gives them the means to prevent third parties from identifying the game’s popularity and seeking to use the game’s name to unjustly weigh in on the game’s success.
This is point is further illustrated by Balatro, the winner of the Best Debut Game, which having only launched in 2024 already has registered protection for apparel in addition to their core gaming goods and services. Their growing success will undoubtably drive their sales of merchandise, and having registered protection for these goods will again give those behind the creation of the video game the means to prevent unauthorised third parties from benefiting from such success.
It is therefore evident, that those who are being recognised with awards in their respective fields are aware of the importance of intellectual property rights in relation to successfully expanding their brand’s offering in addition to preventing unauthorised third parties from unjustly benefiting from the success that they work so hard to achieve. The trends identified here raises the question to those just beginning to build their brand – are you considering intellectual property and whether the protection you currently have reflects where you envision your brand to be in the future?
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
