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I have found that the name I have planned for my game have been already used for the title of a book.

After checking the trademark database, this is the description they have used:

"Paper Goods and Printed Matter"

Would I be infringing the trademark if I use the same exact title for my game ?

(Looks like the owner wanted to trademark the same name as a videogame in 2006, but they didn't complete the proccess: Abandoned-failure to respond or late response)

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Having the same name is fine so long as they are obviously distinct entities with no intention of causing confusion for gain (and some kinds of trademark registrations can also cause problems). If the name immediately brings to mind the other product, you're probably asking for trouble; otherwise, it's just a coincidence.

There are a number of books that have the same titles as totally separate books (and likewise movies with the same titles as other movies). Just google "books with the same name" or "movies with the same name" for examples.

That said, the fact that you've now gone and searched out the book and filed proof of your knowledge of the conflict on the Internet does put you on worse footing. It's still probably ok, but if it's not ok and you publish anyway, you may have just opened yourself up to additional lawsuits. There's a reason that "real companies" never talk about their in-development products until after they're all cleared by legal and ready to publicly announce. (Another is just good ol' competitive advantage.)

To be sure, naturally, ask an intellectual property lawyer. To be safe, just pick a different name.

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  • \$\begingroup\$ I agree that he should be alright. They aren't even the same type of product (book vs game), which is another major thing in Trademark law if I remember correctly. \$\endgroup\$ – Zell Faze Sep 26 '16 at 23:49
  • \$\begingroup\$ "To be safe, just pick a different name." I'd expect an IP lawyer to say just that. \$\endgroup\$ – Alexandre Vaillancourt Sep 27 '16 at 1:54

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