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I want to release my game on several platforms however the title I really want to use is already being used by an individual. The creator made their game through a "Game Jam". This is when one or multiple people create a small game under a short time period. The creator is not an established company. After looking at their store page on steam and on the website in which the game is advertised on, I can't seem to find any instance of a TM, R, or C reserving the title of the game.

I don't know a whole lot about trademarking, registered trademarking, or copyrighting property and I want to know what actions I need to take to be able to legally use this title and have them remove theirs. Can I simply use an unregistered trademark it or do I need to register the title?

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  • Trademarks arise at common law from use in commerce even if not registered, so you can't just ignore the existing use.
    – ohwilleke
    Commented Feb 26, 2020 at 21:10

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If a trademark dispute arises, you will lose

Trademarks can arise through usage and do not need to be registered or claimed but they must be enforced by the holder or they lapse.

Putatively, the other game has a common law trademark that you would be infringing. If the owner of the other game defended their trademark, you would lose. If they didn't then their trademark would lapse and no one would have a trademark.

Find another name.

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