R
Rösti
Unconfirmed Member
Disclaimer: This is normal post-registration maintenance and nothing indicative of a product or service being researched or developed. I'm bringing it up due to the use of Metroid: Other M.
On March 22, 2016, the United States Patent and Trademark Office (USPTO) sent a Courtesy Reminder of Required Trademark Registration Maintenance Filing under Section 8 regarding Nintendo of America's trademark application US Serial Number 77749726, Metroid: Other M, originally filed on June 02, 2009 and registered on March 22, 2011:
On February 28, 2017, a Combined Declaration of Use and Incontestability under Sections 8 & 15 was filed:
The specimen used is this heavily compressed JPEG (here in PNG format to not further compress it):
Also, US Serial Number 77749727, Metroid (one of the two main Metroid trademarks) also saw Combined Declaration of Use and Incontestability under Sections 8 & 15 earlier in February, the specimen used there was the same image as above (for the earlier Statement of Use they used an image of the title screen of the original Metroid for NES).
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn77749727&docId=81520170216162749#docIndex=1&page=1
Metroid: Other M is available as a digital download for Wii U. The goods and services the Other M trademark is filed under do however not include downloadable electronic game software. The goods and services for the Metroid trademark do.
Again, nothing too interesting but I thought due to Metroid: Other M's reputation and how Nintendo has handled the Metroid franchise for years now it was worthy a mention.
On March 22, 2016, the United States Patent and Trademark Office (USPTO) sent a Courtesy Reminder of Required Trademark Registration Maintenance Filing under Section 8 regarding Nintendo of America's trademark application US Serial Number 77749726, Metroid: Other M, originally filed on June 02, 2009 and registered on March 22, 2011:
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn77749726&docId=ER120160322054845#docIndex=2&page=1WARNING: Your trademark registration will be CANCELLED if you do not file the required document below during the specified statutory time period.
The above-identified registration registered on Mar 22, 2011. Therefore, the owner of the registration must file a Declaration of Use and/or Excusable Nonuse under §8 of the Trademark Act anytime between now and Mar 22, 2017. For an additional fee, the owner may file the declaration within the six-month grace period that ends on Sep 22, 2017. See 15 U.S.C. §1058. The current fee for filing a declaration under §8 is $100 per class, and the additional fee for filing during the six-month grace period is $100 per class. 37 C.F.R. §2.6.
On February 28, 2017, a Combined Declaration of Use and Incontestability under Sections 8 & 15 was filed:
The owner, Nintendo of America Inc., a corporation of Washington, having an address of
4600 150th Avenue NE
Redmond, Washington 98052
United States
206-682-8100
Efiling@cojk.com (authorized)
is filing a Combined Declaration of Use and Incontestability under Sections 8 & 15.
For International Class 009, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration: Compact discs and optical discs featuring entertainment, educational and informational content, namely, games and stories
The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class: Computer game discs; computer game programs; computer game software; electronic game discs; electronic game programs; electronic game software; interactive electronic game discs; interactive electronic game programs; interactive electronic game software; interactive video game discs; interactive video game programs; interactive video game software; video game discs; video game programs; video game software
For the remaining goods or services, the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce on or in connection with these goods or services. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods or services exists, or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.
The owner is submitting one(or more) specimen(s) for this class showing the mark as used in commerce on or in connection with any item in this class, consisting of acommercial packaging for the goods and bearing the mark.
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn77749726&docId=81520170301171307#docIndex=1&page=1Declaration
- Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
- The specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
- The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is still in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration.
- There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the owner's right to register the same or to keep the same on the register.
- There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
- To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
- The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
The specimen used is this heavily compressed JPEG (here in PNG format to not further compress it):
Also, US Serial Number 77749727, Metroid (one of the two main Metroid trademarks) also saw Combined Declaration of Use and Incontestability under Sections 8 & 15 earlier in February, the specimen used there was the same image as above (for the earlier Statement of Use they used an image of the title screen of the original Metroid for NES).
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn77749727&docId=81520170216162749#docIndex=1&page=1
Metroid: Other M is available as a digital download for Wii U. The goods and services the Other M trademark is filed under do however not include downloadable electronic game software. The goods and services for the Metroid trademark do.
Again, nothing too interesting but I thought due to Metroid: Other M's reputation and how Nintendo has handled the Metroid franchise for years now it was worthy a mention.