Microsoft Denied Killer Instinct Trademark
Written Tuesday, December 04, 2012 By Lee BradleyView author's profile
A request by Microsoft to renew the Killer Instinct trademark has been denied by the United States Trademark and Patent Office.
The request was denied as the USPTO believes that there is "a likelihood of confusion" between the game and a obscure 2005 TV show.
An American crime drama, Killer Instinct was an American TV show that originally aired on the Fox Network. Only 13 episodes ever aired.
“Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3370331,” said USPTO.
“Applicant's mark is KILLER INSTINCT for "video game software" and "entertainment services, namely, providing online video games." Registrant's mark is KILLER INSTINCT for "entertainment services in the nature of a television series featuring drama.
“Thus, upon encountering KILLER INSTINCT for "video game software" and "entertainment services, namely, providing online video games" and KILLER INSTINCT for "entertainment services in the nature of a television series featuring drama, "consumers are likely to be confused and mistakenly believe that the respective goods and services emanate from a common source.
“Although applicant's mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.”
The denial casts doubt over the future of the fighting game franchise. Unless the decision is reversed, a future Killer Instinct game would have to carry a different name.
Still, Rare has plenty on its plate at the moment as the studio is working on a “jaw-dropping, never-been-done-before project.”