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.
There are some significant changes coming to the United States Patent and Trademark Office (USPTO) that will affect trademark filings beginning January 18, 2025. These changes include the introduction of the Trademark Center, new fees, and revised application requirements. Here is an overview of the key changes: The USPTO will retire the TEAS system, which […]
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In today’s competitive e-commerce landscape, automated decision-making technology is becoming more and more important. From personalized product recommendations to targeted advertising and streamlined logistics, these systems help ecommerce businesses adapt and grow. But new regulations are on the horizon, and these changes could reshape the way e-commerce businesses use automation. The California Privacy Protection Agency […]
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The Federal Trade Commission (FTC) has issued final amendments to its trade regulation rule concerning negative option plans, also known as the “click to cancel rule.” This rule aims to address widespread deceptive practices that prohibit customers from cancelling services in the same manner in which they signed up. Here’s a detailed summary of the […]
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