Starting a board game business is an exciting entrepreneurial journey – but before your first copy hits the table at a convention or lands on an online storefront, you need to properly register your business and protect your intellectual property (IP). These foundational steps protect you legally, build credibility, and preserve the creative value of your work.
Here’s a comprehensive guide to registering your board game business and safeguarding your intellectual property.
1. Choose Your Business Structure
Before anything else, decide what kind of legal structure your business will use. This affects taxes, liability, and paperwork.
Sole Proprietorship
- Easiest and least expensive to set up.
- You and your board game business are legally the same, which means unlimited personal liability.
- Not recommended long-term if you expect significant sales or growth.
Limited Liability Company (LLC)
- A popular option for small and medium-sized businesses.
- Separates your personal assets from business liabilities.
- Flexible tax options (can choose to be taxed as a sole proprietor or corporation).
Corporation
- More complex structure, suitable for scaling and seeking investors.
- Offers strong legal protection but requires more paperwork and formalities.
Tip: Many independent game designers choose an LLC for the balance of liability protection and simplicity.
2. Register Your Business Name
Your board game company name is one of your most valuable assets – make sure it’s registered properly.
Check Name Availability
- Search your state’s business registry to make sure your name isn’t already in use.
- Also check domain availability if you plan to build a website.
File a “Doing Business As” (DBA)
- If your legal business name differs from your public brand name, file a DBA.
- This is common if you want a more consumer-friendly name for marketing.
Register with Your State
- Filing requirements vary by state, but most require you to register the business name when you form an LLC or corporation.
- Fees differ, but expect a filing cost between $50-$300 depending on your state.
3. Obtain an Employer Identification Number (EIN)
An EIN, issued by the IRS, is basically a Social Security number for your business.
- Required if you plan to hire employees.
- Makes banking and taxes easier even if you’re a sole proprietor.
- Free to obtain from the IRS.
4. Set Up Business Banking and Finances
Open a separate business bank account and, if necessary, business credit card.
- Keeps your personal and business finances distinct.
- Simplifies tax reporting.
- Helps build a business credit history.
Make sure to also consult with an accountant about any sales tax obligations you may have, especially if you’re selling physical games.
5. Consider Local Permits or Licenses
Depending on your location and how you sell games (e.g., at a retail shop or convention booth), you may need:
- A general business license from your city or county.
- A seller’s permit if you collect sales tax.
- A home occupation permit if you’re operating out of your home.
Check with your local government’s website or business office for specific requirements in your area.
6. Protecting Your Intellectual Property
Custom board games combine creative elements that can (and should) be legally protected. The most common types of IP protection are trademarks, copyrights, and patents.
Copyright – Protect the Content
Copyright protects your creative work:
- Game rules and written text
- Artwork
- Graphic design
- Story or theme
Copyright protection exists automatically as soon as your work is fixed in a tangible form (like printed rules or recorded artwork), but registering your copyright with the U.S. Copyright Office provides strong legal leverage if you ever need to enforce it.
Trademark – Protect Your Brand
A trademark protects names, logos, taglines, or anything that identifies your game or company in the marketplace.
For example:
- Game title
- Company name
- Logo design
- Unique game series name
You can file for trademark protection through the U.S. Patent and Trademark Office (USPTO). A registered trademark:
- Gives nationwide legal rights
- Helps prevent competitors from using confusingly similar branding
- Increases licensing value if you expand or sell rights later
Patent – Protect Game Mechanics (Rare but Possible)
Patent protection covers new and non-obvious inventions, including unique game mechanics.
While most board games don’t qualify for patents (because game rules are often considered abstract ideas), some truly novel mechanisms may be patentable.
Patent applications are complex and expensive – typically requiring the help of a patent attorney – and the process can take years. For most indie designers, copyright and trademark are far more practical.
For more detailed info about IP protection of your board games, please check this article – 5 Ways to Protect Your Board Games from Being Copied
7. Document Everything
Even before official registration:
- Keep dated drafts of your rules, art, and prototypes.
- Save emails and documentation showing your creative process.
- This can help prove original authorship if someone later disputes your claims.
Digital timestamps (like cloud storage with version history) can be especially valuable.
8. Use Contracts When Working With Others
If you hire artists, writers, or producers:
- Always use written contracts specifying who owns the rights to the art or content.
- Consider work-for-hire agreements or clear IP assignment clauses.
Without clear contracts, freelancers could retain some rights to their work.
9. Monitor and Enforce Your Rights
Once your IP is registered:
- Monitor marketplaces and online platforms for infringement.
- Register your products on platforms that offer brand protection tools (like Amazon Brand Registry).
- If infringement occurs, send a DMCA takedown or consult legal counsel.
10. Consult Professionals
This process can be overwhelming – and mistakes can be costly.
Consider working with:
- A business attorney for formation and licensing
- An IP attorney for trademarks and copyrights
- An accountant for tax compliance
