In Trademark Registration Mishap, USPTO Denies Microsoft’s Application for KILLER INSTINCT Mark

Fans of video games may remember the Killer Instinct series, which first made an appearance in the arcades in 1994 and was ultimately ported to numerous home consoles. The last iteration of the series appeared in 1996 on the Nintendo 64 and, since that time, the series has sat dormant. In September of this year, however, Microsoft indicated its intent to revive the series by filing for trademark registration of the KILLER INSTINCT trademark with the United States Patent and Trademark Office.

 

Unfortunately, Microsoft’s application was denied on a §2(d) basis, that is, because it is likely to cause confusion with another mark registered with the USPTO. This denial, issued via USPTO Office Action, is not a permanent denial, however, as Microsoft has a period of six months to argue that its KILLER INSTINCT mark is not likely to cause confusion with the registration cited in the examining attorney’s office action. That is good news, as the registered mark that precluded Microsoft’s application is KILLER INSTINCT, a failed television drama, which aired for one season in 2005.

 

Office Action denials based on a likelihood of confusion are common, which is why it is important have a skilled attorney file for registration of your trademark. Presumably, Microsoft should be able to overcome this denial through skillful research and advocacy.

Extra, Extra!
Recent Posts

Trademarks: What is the Difference Between the Circle R and TM Symbols?

Trademarks: What is the Difference Between the Circle R and TM Symbols?

Trademark

The Circle R and the TM symbols both relate to trademarks and both can be physically placed on products, packaging, advertising materials, websites, etc. The Circle R symbol is an “R” enclosed in a circle (®). While both are trademark-related symbols, there are different eligibility requirements for use, meanings, and implications. Here is a quick […]

Read more about Trademarks: What is the Difference Between the Circle R and TM Symbols?

Is Your E-Commerce Advertising in Compliance With Existing Laws?

Is Your E-Commerce Advertising in Compliance With Existing Laws?

Internet Law

E-commerce businesses must comply with federal and State-level advertising laws and regulations. This is true of any business. But e-commerce businesses face special challenges because there is a whole array of potential methods of innocently, accidentally, or intentionally violating advertising laws. These include the potential to engage in false and deceptive advertising practices, such as […]

Read more about Is Your E-Commerce Advertising in Compliance With Existing Laws?

Put Revision Legal on your side