The biggest administrative threshold before a game goes live is the license (版号), and the materials list published by the National Press and Publication Administration (NPPA) does not actually include "trademark." What truly turns the trademark into a hard need is the game title itself: once the title is registered by someone else, you may have to rename the game and redo all materials, or face claims and platform removal. This article explains what the game license and the trademark each govern, and when the title should be laid out.
1. Game License Application: Official Materials Indeed Contain No Trademark
The approval of domestic online games is based on Article 72 of the Regulations on Publication Administration (State Council Order No. 666, fourth revision), approved by the NPPA. Officially published licensing conditions include:
- The publishing unit must be an online publishing service unit with an online game publishing scope;
- The declared work must have completed copyright registration or relevant notarization, or have an explicit self-declaration (commitment) from the game copyright owner, who must be a Chinese citizen or a domestic-funded enterprise;
- The game operator must hold a Telecommunications and Information Services Business Operating License (ICP license);
- Compliance with the Regulations on Publication Administration, the Administrative Measures for Internet Information Services, and the Administrative Measures for Online Publishing Services;
- Operations must comply with minors-protection regulations.
The licensing procedure: the applicant reports to the provincial publishing authority where it is located; after provincial review and approval, it is submitted to the NPPA for approval; the licensing period is 80 working days from acceptance of the application.
2. What the Game License Actually Blocks: Four Things
- Copyright: what is officially required is the copyright registration certificate, relevant notarization, or the copyright owner's self-declaration — not a trademark registration certificate. This is why many small teams do the software copyright first and not the trademark, and still obtain the license smoothly.
- Negative requirements for the game title: the request document submitted by the province to the NPPA must state the game title, game category, publishing unit, and operating institution; the game title should be simple and clear, may not in principle use characters other than simplified Chinese characters, and may not duplicate an already-approved game title, and must not violate laws and regulations. One game per request document, two A4 copies; for 10 or more mini games on the same platform, they may be filed together, in principle no more than 20.
- ICP license: the operator must hold the license — unrelated to trademarks, but directly affects whether paid launch is possible.
- Publishing unit qualifications and review report: the publishing unit must submit a review report containing an accurate introduction to the game content, the review start and end times, problems found during review and the revision process, and the final review opinion, personally signed by the responsible editor and the editor-in-chief of the publishing unit and stamped with the publishing unit's seal.
In other words, the game license governs "whether the content can be published," while the trademark governs "who owns this name." The two do not substitute for each other.
3. What the Trademark Governs in the Game Business
- Game title: the core asset. Register simultaneously in Class 9 (downloadable software, game programs) and Class 41 (online games, entertainment services); those doing publishing or platform operations should add Class 42 (software development).
- Consequences of a squatted title: at best you are required to rename, redoing the license materials, software copyright, promotional materials, and app store package names; at worst you are complained about and removed after launch, or sued for damages. In the game industry, the cost of a "same-name rename" usually far exceeds the registration fee.
- Character names, LOGOs, theme songs: serialized games register protagonist names and iconic LOGOs together, forming a name matrix to avoid being blocked in sequels, merchandise, and animation adaptations.
- Software copyright and trademark complement each other: the software copyright protects the code and the fixed version of expression, while the trademark protects exclusive use of the name in commercial activities; in enforcement, the trademark fights same-name misappropriation and the software copyright fights code and asset theft.
4. Procedures and Materials
Software copyright registration: handled at the China Copyright Protection Center, submitting source code, documentation, entity proof, etc., used for the license application and enforcement.
Trademark registration: immediately after the title is set, search prior trademarks (mainly Classes 9 and 41, plus Class 42 as the business requires) and file the application; after preliminary approval publication there is a 3-month opposition period; absent opposition, registration is approved. Completing the search before the title is publicly promoted is the key action.
Game license application: a qualified publishing unit submits to the provincial publishing authority, which after review and approval submits to the NPPA.
5. Common Pitfalls and Practical Recommendations
- Thinking about the name only after going live: mini games and H5 games often consider title protection only after launch, by which time the title has often been registered by an agent or a competitor.
- Only software copyright, no trademark: software copyright passes the license review, but cannot stop others from launching new games under the same name, nor stop your game from being listed by copycats on app stores.
- Special characters or foreign words in the title: the licensing request has explicit title restrictions, so administrative requirements must be considered at the naming stage to avoid being forced to rename after approval.
- Title duplicating an already-approved game: this is an approval hard constraint, not a trademark issue — even with a trademark and strong prior-use evidence, the license stage requires a change; search both the published list of approved games and trademark databases together.
- Missing trademark classes: registering only Class 9, then discovering when running offline events, themed stores, or merchandise that Classes 41, 16, and 25 are not covered.
- Copyright owner inconsistent with the applicant entity: an individual developer registering copyright personally but applying for the license under a company entity will be asked for supplementary ownership documents.
Practical recommendations
- Do two things at the naming stage: check titles of already-approved games and check trademark databases — settle on a name only when both are clean.
- Software copyright and trademark in parallel: software copyright is fast (within 60 days of acceptance, expedited available), the trademark is slow (over half a year) — file the trademark application first to lock in the filing date, then calmly complete the software copyright.
- Multi-class layout for core titles: cover at least Classes 9 and 41; add Class 42 for platform operations; register character names for serialized works.
- Do not change the title during the license review: once materials are filed, a name change triggers cascading changes at huge cost — title stability must be resolved at the design stage.
- Keep evidence of use: archive promotional materials, app store listing records, user agreements, and payment records — useful for future enforcement or defending against non-use cancellation.
6. Summary
The game license looks at copyright, the publishing unit, the ICP license, and title compliance — trademarks are not among them; but the commercial value of a game title is entirely carried by the trademark. The right approach: use the software copyright to get the license, use the trademark to guard the name, and prepare both sets of materials simultaneously so you can launch and keep the asset. The rules cited in this guide are current as of 2026; defer to the latest requirements of the competent authorities.
7. Where to Get It Done
If you need agency for the above procedures, book a licensed trademark agent's software copyright registration service with MyTMBee, with full assistance from material preparation through submission and follow-up.