Hello People. I would like to know some things about intellectual property of game of poker.. Is the game of poker(for example No limit texas holdem) protected by some trademark(or is it public property)? If I want to create some game that is allmost close to poker game but has some differences- can I protect it as a trademark(intellectual propery). And if yes, where can I do that? So, If yes,.. does that means that every poker room that is going to have »my poker game« will have to pay me money? I have done some reseraches but do not know for sure(it is very blur line). I do not want to go in details of the game I am thinking, but hopefully I gave you enough information to help me with answer. I Will appriciate all the help I can get from you people. Thank you.

I'm no expert in either business law or patent law, but I'm almost certain that the game would have to be played with a different type of cards than a traditional 52(4) playing deck for you to be able to patent anything and collect money. Sorry.

However you could start your own app or casino and patent your specific game there maybe.

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Thank you coldsteelbop. I really appriciate your answer. All answers help me alot. I really believe you will heard of this game in near future. I think it will turn the "poker game" around. I really think everybody will want to play it.

Anyway, if somebody knows just one answer of all my questions, please write it. Thank you.

Maybe you can file for a trademark for the design of your game, but that would mean other people could play the same game under a different name and design. A trademark doesn't protect intellectual property that exceed designs, signs or expressions.

If you want to patent a new game, you have to come up with a new game. Not use an existing set of cards to slightly modify an existing game. That's not an invention.

Aren't there some casino table games that are licensed? Why would a casino pay a licensing fee if the game wasn't trademarked?

Thank you madlex. Really appriciate your answer.

Thank you Didace. Really appriciate answer. Yes, this is important, I have to "protect" my game. Currently thinking about all the options.

http://forumserver.twoplustwo.com/74...bean-stud-641/

A table game (like Ultimate Texas Hold'em) should be able to be copy-righted, but I'm not so sure about 'just' a card game. Remember a table game does put the 'house' at risk whereas poker doesn't. In table games each 'customer' doesn't battle the other, only the house.

There is a new game called "Six Plus Hold'em" that is being spread overseas. You may want to look into the development of that game. It's basically NLH but the 2s-5s are taken from the deck which drastically changes the hand values. Flushes actually beat Full Houses I think ... check it out!! GL

I will now read and learn all about this matter. Thank you for posting SpewingIsMyMove.

Thank you for your comment answer20.I am really glad you took your time and wrote me. I will check "six plus holdem" now. I want to know all about this matter as it will help me alot.

There are three very different terms being thrown around in this thread:

Trademark: A trademark protects a company or brand name or a logo. If you called your game, "Blackspoker Poker" you could file a trademark for that name. That only protects you from people using that name (or logo). You need to register a trademark with The USPTO (or similar if you're not American).

Copyright: Copyright protects publishable works; text, images, recordings. Copyright protection applies as soon as a work is created. However if it's something you want to seriously protect, registering the copyright with The USPTO is a good idea. If you posted the rules of your game on your blog then copyright would protect your post. However, copyright doesn't protect ideas just the specific expression of those ideas.

Patent: A patent protects an invention or process for 20 years. Patents are also filed with the USPTO where they undergo an approval process. In order to be patentable your invention must be new and non-obvious.

This can all be done by anyone, however, since you're asking this question here, if you're serious, you're going to need to consult with an intellectual property attorney.

Thank you Cry Me A River. Really glad you wrote me.I am learning new things about how to protect "my game" every day by reading your comments and reading about the matter on the internet in general. People like you in this forum really put me on right track on what to look and be careful about. Before I am taking any actions I would like to know really the most I can. Also, the name of the game is not finalised yet(blacks poker - maybe will it be something else- i am not sure about name yet).

Hello people. I would like to thank again everybody that helped me with their answers. It took me a lot of time to do all the researches, patent,... but now i am pretty confident that I can release this new poker game that i invented to public. I hope moderators are fine with me publishing to this forum the new poker game that i invented (this is forum about different variant of poker games: holdem, omaha, six plus holdem,"my poker game",... and i believe this forum is meant for debate of all sorts of poker,...);. I will open new thread for the new poker game ( new variant of poker) that i invented.