Registering a Common Word for Software and Entertainment Services

Introduction

It’s a question we hear more often than you might think: “Can I register ROCKSTAR as a trade mark for my software company or entertainment business?” The word has an undeniable appeal. It’s punchy, aspirational, and immediately conveys energy and excellence. But in the world of trade marks, the more appealing a word is, the more likely someone else has already claimed it — and the harder it becomes to carve out your own space.

This article examines the practical reality of attempting to register ROCKSTAR (or any close variant) as a trade mark in the UK and EU for goods and services in the software and entertainment sectors. We’ll look at who already owns ROCKSTAR marks, what legal hurdles you’d face, and what alternatives might be available to you. In later articles we will look at the confusion and arguments relating to confusion.

The Existing Landscape: Who Owns ROCKSTAR?

Before filing any trade mark application, the first and most important step is to search the register. And if you search for ROCKSTAR, you’ll quickly discover that the word is far from available. Two global powerhouses have staked their claims:

Take-Two Interactive / Rockstar Games. The parent company of Rockstar Games — the studio behind Grand Theft Auto and Red Dead Redemption — holds extensive trade mark registrations for ROCKSTAR and ROCKSTAR GAMES across multiple classes, including Class 9 (computer software, video game programs) and Class 41 (entertainment services, providing online games, multimedia content). These registrations cover the UK, the EU, and the United States. Take-Two is notoriously aggressive in protecting these marks. In 2024, it opposed Remedy Entertainment’s new stylised “R” logo at both the EUIPO and UKIPO on the grounds that it was confusingly similar to Rockstar’s own “R” device mark — even though the two companies are actively collaborating on the Max Payne remakes.

There was also a UK case Trade Mark Inter Partes Decision O/475/21 which was concerned with beer and the UKIPO found in favour of the Applicant.

PepsiCo / Rockstar Energy. PepsiCo acquired the Rockstar Energy drink brand in 2020 (which has since been partially acquired by Celsius Holdings for the US and Canadian markets). The ROCKSTAR ENERGY family of marks is registered across a wide range of classes, including beverages, clothing, and promotional services. While their core registrations are in Classes 32 and 33 (drinks), PepsiCo has extended protection into entertainment-adjacent areas including promotional services related to livestreamed entertainment events.

Between these two entities alone, the ROCKSTAR mark is comprehensively protected across software, gaming, entertainment, and promotional services in virtually every major jurisdiction.

Absolute Grounds: Is ROCKSTAR Even Registrable?

Setting aside the question of conflicting earlier marks for a moment, there’s a threshold question: is the word ROCKSTAR inherently capable of functioning as a trade mark for software and entertainment services?

Under both UK law (the Trade Marks Act 1994) and the EU Trade Mark Regulation (2017/1001), a mark must be capable of distinguishing the goods or services of one undertaking from those of others. A mark will be refused registration if it is:

Devoid of distinctive character (Section 3(1)(b) TMA / Article 7(1)(b) EUTMR);

Descriptive of the goods or services (Section 3(1)(c) TMA / Article 7(1)(c) EUTMR); or

Customary in the trade (Section 3(1)(d) TMA / Article 7(1)(d) EUTMR).

The word “rockstar” occupies interesting territory. In everyday English, it means a famous or successful rock musician, or more broadly, a person who excels in a given field (“a rockstar developer,” “a rockstar sales team”). In the technology and entertainment sectors, the term is used extensively in a laudatory or promotional sense. Job advertisements routinely seek “rockstar programmers” or “rockstar designers.”

An examiner at the UKIPO or EUIPO could reasonably take the view that ROCKSTAR, when applied to software development services or entertainment, is at least suggestive of quality or excellence, and potentially laudatory. While laudatory terms are not automatically excluded from registration, they face a higher bar. The examiner would need to be satisfied that the average consumer in the relevant sector would perceive ROCKSTAR as a badge of origin rather than a promotional term.

That said, the existing registrations held by Take-Two and PepsiCo demonstrate that the word has been accepted as registrable in the past. This doesn’t guarantee acceptance for a new applicant, but it does suggest that the absolute grounds objection is surmountable — at least in principle.

Relative Grounds: The Real Problem

Even if your application clears the absolute grounds hurdle, the far greater obstacle lies in the relative grounds — specifically, the likelihood of confusion with earlier marks under Section 5(2) TMA / Article 8(1)(b) EUTMR, and the protection afforded to marks with a reputation under Section 5(3) TMA / Article 8(5) EUTMR.

Likelihood of Confusion

If you apply for ROCKSTAR in Class 9 (software) or Class 41 (entertainment services), your application will be directly in the crosshairs of Take-Two’s existing registrations. The test, established in Sabel v Puma (C-251/95) and refined in subsequent CJEU jurisprudence, requires a global assessment considering:

Factor	Assessment for ROCKSTAR in Classes 9 / 41
Identity of marks	If you apply for the word ROCKSTAR, the marks would be identical. Game over on this factor.
Similarity of goods/services	Software and entertainment services are identical or highly similar to those covered by Take-Two’s existing registrations.
Relevant public	General consumers with an average level of attention.
Distinctiveness of earlier mark	ROCKSTAR GAMES has acquired substantial enhanced distinctiveness through extensive use and reputation worldwide.
Overall assessment	On any reasonable analysis, there would be a clear likelihood of confusion.

In short: an application for ROCKSTAR in Class 9 or 41 would almost certainly be opposed by Take-Two, and that opposition would almost certainly succeed.

Reputation and Unfair Advantage

Even if you tried to register ROCKSTAR in a different class — say Class 42 (software design and development services) or Class 35 (advertising services) — you would still face a claim under Section 5(3) TMA / Article 8(5) EUTMR. This provision protects marks with a reputation against use on any goods or services (not just identical or similar ones) where such use would take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier mark.

ROCKSTAR GAMES is, by any measure, a mark with a formidable reputation. Grand Theft Auto V alone has sold over 200 million copies. The argument that a new ROCKSTAR mark in the software or entertainment space would ride on the coattails of that reputation would be compelling. Take-Two has demonstrated time and again — from opposing Hazelight’s “It Takes Two” mark to challenging Remedy’s “R” logo — that it will not hesitate to enforce these rights.

What About Variants?

A common follow-up question is: “What if I change the spelling slightly? ROXSTAR, ROC STAR, ROCKSTAAR?”

The short answer is: this is unlikely to help. The likelihood of confusion test looks at visual, phonetic, and conceptual similarity. A minor spelling variation of ROCKSTAR would remain:

Visually highly similar (same structure, same length, same opening and closing elements);

Phonetically identical or near-identical (ROXSTAR sounds almost exactly like ROCKSTAR); and

Conceptually identical (both convey the same meaning of a “rock star”).

The CJEU has consistently held that the average consumer perceives a mark as a whole and does not engage in a detailed analytical comparison. A consumer encountering ROXSTAR on a software product would immediately associate it with ROCKSTAR GAMES. The phonetic and conceptual identity would overwhelm any minor visual differences.

Furthermore, under the reputation ground (Section 5(3) / Article 8(5)), the broader the reputation of the earlier mark, the wider its penumbra of protection. Creative respellings do not escape this shadow; they may even strengthen the argument for unfair advantage, since a variant spelling suggests a deliberate attempt to evoke the earlier mark.

So What Can You Actually Do?

If you’re set on building a brand in the software or entertainment space, here is our practical guidance:

1. Choose a distinctive, original mark. The strongest trade marks are those that are either invented words (think SPOTIFY, MINECRAFT) or arbitrary words used in an unexpected context (think APPLE for computers). These marks are inherently distinctive and far easier to register and defend.

2. Conduct a comprehensive search before you invest. Before spending money on branding, web development, and marketing, instruct a trade mark professional to conduct a full clearance search. This should cover the UKIPO, EUIPO, and (if you’re trading internationally) the WIPO Global Brand Database. A proper search will reveal not just identical marks, but also similar marks that could give rise to opposition or infringement claims.

3. Think about the classes you actually need. Trade mark protection is class-specific. Even if ROCKSTAR is comprehensively blocked in Classes 9 and 41, there may be classes where it is available — though you would still face the reputation argument from Take-Two if there is any connection to software or entertainment. The further removed your goods and services are from gaming and software, the better your chances — but the question then becomes whether the mark is actually useful to you.

4. Consider a composite mark. If the word ROCKSTAR is important to your brand concept, combining it with a highly distinctive additional element — whether a word, logo, or device — may reduce the likelihood of confusion. For example, “ROCKSTAR ANALYTICS” or “ROCKSTAR [YOUR UNIQUE ELEMENT]” might create sufficient distance from ROCKSTAR GAMES. However, this is not guaranteed to succeed, and Take-Two’s track record suggests they would still oppose.

5. Budget for opposition. If you proceed with any mark that includes the word ROCKSTAR in a software or entertainment context, you should budget for opposition proceedings. Take-Two’s enforcement record makes this virtually certain. Opposition proceedings at the UKIPO or EUIPO can take 12–18 months and cost several thousand pounds in professional fees.

Conclusion

Can you get a trade mark for ROCKSTAR for software and entertainment services? In theory, the word itself is not inherently unregistrable. But in practice, the existing landscape makes it virtually impossible. Take-Two Interactive holds registered rights for ROCKSTAR and ROCKSTAR GAMES across the precise classes you would need, commands a worldwide reputation in the gaming and entertainment sector, and has a well-documented history of aggressive enforcement against anything that comes close.

The best advice we can give is this: don’t fight a battle you’re almost certain to lose. Instead, invest that time, energy, and budget into creating a mark that is uniquely yours — one that you can own outright, defend confidently, and build into an asset for your business.

If you’re looking to register a trade mark and want to make sure you’re choosing a name that will work, get in touch with our team at Trademark Room. We offer full clearance searches, strategic advice, and handle the entire registration process from application through to grant.

Need Help With Your Trade Mark? Contact us at tmr@trademarkroom.com