R
Rösti
Unconfirmed Member



Some enemies from the game
On December 20, 2016, Nintendo of America Inc. filed in the US via the United States Patent and Trademark Office (USPTO) a trademark application for "Eternal Darkness". The filing basis is 1B (Application based on intent to use), goods and services are related to game programs/software. The application entered the Trademark Reporting and Monitoring System (TRAM) yesterday on December 23, 2016.
Source: http://tsdr.uspto.gov/#caseNumber=87274495&caseType=SERIAL_NO&searchType=statusSearchWord Mark ETERNAL DARKNESS
Goods and Services IC 009. US 021 023 026 036 038. G & S: Downloadable electronic game programs; downloadable electronic game software; electronic game programs; electronic game software; video game programs; video game software
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 87274495
Filing Date December 20, 2016
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Nintendo of America Inc. CORPORATION WASHINGTON 4600 150th Avenue NE Redmond WASHINGTON 98052
Attorney of Record Jerald E. Nagae, Reg. No. 29,481
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
I have written several times about another trademark application (filed on July 23, 2013) regarding Eternal Darkness. US Serial Number 86017853, Eternal Darkness, is still in force but Nintendo has only until the end of the year (with a short grace period) to provide a Statement of Use, or else the application will be abandoned. Likely they will let such happen. However, there are some small differences between the old and the new application, mainly the goods and services. This could just be slightly updated terminology on USPTO's side, but still worth pointing out.
New application, US Serial Number 87274495, Eternal Darkness:
Goods and Services IC 009. US 021 023 026 036 038. G & S: Downloadable electronic game programs; downloadable electronic game software; electronic game programs; electronic game software; video game programs; video game software
Old application, US Serial Number 86017853, Eternal Darkness:
As usual, a trademark application is not confirmation or denial of a product or service being developed. Nintendo's intentions in this case could be simply to retain the trademark for future use, or they could be actually working on a title set in the Eternal Darkness universe; it could be an HD remaster, a Virtual Console release or an entirely new game. What can be said is that Nintendo seems very keen on not losing the trademark allowing for anyone to try and register some game under that name.IC 009. US 021 023 026 036 038. G & S: Computer game programs; computer game software; downloadable electronic game programs; downloadable electronic game software; electronic game programs; electronic game software; video game programs; video game software
Nintendo has approximately 36+ months (the older application has been in the system for around 42 months) to file a Statement of Use for this new application. Once the USPTO issues a Notice of Allowance they can start filing every six months calculated from the NoA Extensions of Time to File SOU.