Deep Down Trademark Extended Again by Capcom, Implying that Development May Still Be Ongoing

在進入美國市場前,了解美國商標流程及策略是必須的。事實上,美國商標與其他國家有一個最大不同的地方,就是在提交申請時,申請人即須選擇 (a) Use in Commerce(已於美國地區使用)或 (b) Intent to Use(意圖使用)。其中後者的申請程序較前者繁冗且費用較高,但其優勢是「先行卡位;及有更加「寬裕的時間提交商標使用之證明文件」,根據商標法,在官方發核准通知後的6個月內,申請人須提交商標使用證據,申請人共可請求 5次延期。由此得知,商標的使用在美國地區是相當看重,申請人須特別注意。

To know American trademark application’s procedure and strategy before stepping into American market is essential. Actually, there is the biggest difference between America and other countries. That is, applicants need to choose “Use in Commerce” or “Intend to Use” when they file application. The latter’s procedure is lengthier than the former, and the cost is higher as well. but it has still some advantages, that is, early getting the entry ticket through Trademark registration , and having much longer time for declaring the statement of use,” that is, within six months after the date on which the notice of allowance, and the registration can only be extended five times before a statement of use is provided. Thus, it can be seen that the use of trademark is highly important in America, so applicants shall highly respect it as well.

相關案例:

Capcom’s PS4 exclusive Deep Down is one of the biggest mysteries of this console generation, and it just gave a small sign of life once again. The publisher filed a request to extend the time to file a statement of use with the United States Patent and Trademark Office, which was approved today.

 

The game was introduced with great fanfare at the presentation that unveiled the PS4 to the world, together with its advanced current-generation engine Panta Rhei. A steady stream of news followed between 2013 and 2014, including a playable appearance at Tokyo Game Show. Yet, on Christmas day 2014 we got the last batch of official screenshots, and in February 2015, we saw the last glimpse of footage in a recruitment video, while Producer Yoshinori Ono promised that the project was still alive, mentioning that the game’s concept was completely changed and would become much bigger than before.

 

Since then, Capcom has been completely silent about the game, besides continuing to renew its trademark with the USPTO. Back in 2016, the trademark was extended for the last time allowed by law. The publisher simply got around the limitation by registering the trademark again at the beginning of 2017, granting itself a new allowance of five extensions

 

The request mentions that Capcom is making an ongoing effort in “product or service research or development,” implying that the project is indeed not dead. Since this is the second extension since the new trademark was registered, the publisher has two more years to release the game before losing the name once more, meaning until June 20th, 2020.

 

The situation is certainly baffling, considering that it has been over three years since the latest official mention of the game by a Capcom executive. This seems to indicate that the publisher isn’t giving up on the game, but we know nothing else.

 

 

出處: 碩品智權事務所

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