USPTO refuses application for renewal, citing possible confusion with Fox's since-ended TV series of the same name.
The United States Patent & Trademark Office (USPTO) has refused to allow Microsoft to renew its Killer Instinct trademark. In a government filing, the office said it would not allow it due to the possibility of confusion with Fox's since-ended television series Killer Instinct.
"In the present case, applicant’s mark is Killer Instinct and registrant's mark is Killer Instinct. Thus, the marks are identical in terms of appearance and sound," a line from the statement reads "In addition, the connotation and commercial impression of the marks do not differ when considered in connection with applicant's and registrant's respective goods and services."
"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."
Fox's crime drama Killer Instinct aired in 2005 and spanned just one season.
Microsoft applied to renew its Killer Instinct trademark in September, sparking a belief that the company may have been in some way interested in reviving the '90s fighting franchise.
Though the USPTO has refused to allow Microsoft to renew its Killer Instinct trademark, Microsoft is allowed to respond to the refusal by submitting evidence and arguments to support its claim.
Eddie Makuch (Mack-ooh) is a News Editor at GameSpot. He works out of the company's Boston office in Somerville, Mass., and loves extra chunky peanut butter.
1 Like So they care more about a piece of sh*t show that lasted for one season, no one watched or cared for and should'nt have existed instead of a game franchise that everyone knows and cares for? Well my fate in humanity went down another point ten million.
This game needs to be made agian for online all systems
And for the best part bragging rights (yes im the best at this game)
This is a perfect example of why the USPTO is not functioning as intended. The motive behind TM law wasn't to protect a namesake or brand from anyone else using it, ever, it was just to prevent anyone that would essentially confuse consumers into believing they are buying one product when they are really buying the other. I fail to see how a defunct TV show could be confused with an Arcade fighting game that pre-dated the show itself anyway. Furthermore, Killer Instinct isn't a very unique combination of words with regards to titling creative works. Regardless of how you feel about MS/Rare/this game, this is yet another one of many USPTO debacle that is truly paralyzing our country's ability to innovate.
good. It's not like Microsoft was ever going to do anything with it anyway. And if they did, they'd probably make Rare craft some trash like Perfect Dark Zero, Nuts & Bolts, or any of those lame kinect games (not talking about all kinect games- just the Rare ones). Hopefully it'll be able tot find it's way back to Nintendo- I miss Rare games :'(
1 Like Wait a minute, so if a game came out before a crappy show (of the same name) but if the show got trademarked and the original game somehow needs to be re-trademark for a return, it won't be able too? Who made these kind of rules, so if somehow there isn't a WipEout (the Psygnosis futuristic racing game) game coming out for years and the crappy Wipeout mini-game compilation based on the ABC reality game show of the same name seem to still exist and if Psygnosis wanted to re-trademark WipEout for a return, they won't be able to? Who is in control of this USPTO? Whoever it is this case stinks, Killer Instinct the game came out first, nobody cares about that crappy show.
6 Like I didn't even know there was a TV show called Killer Instinct. Also, what x_hunter00 said.
8 Like Wait, following the USPTOs logic then FOX's application should have been denied in the first place as the show "Killer Instinct" would have been confused with the game "Killer Instinct" (which at the time had an est. brand following). What kind of stupidity is that!!!
@x_hunter00 You said, I had trouble confusing WipEout with Wipeout already. Sony needs to sue Activision's ass real soon too.
1 Like finders keeper Killer Instinct was in in the 90s they are just making excuses
2 Like I don't care about the name. If it looks like KI, plays like KI, then it is KI. If MS funds the project for Rare to develop KI, then I would have a reason to actually play my 360.
3 Like Are you kidding me? Confused with a TV show that no-one's ever heard of (and clearly no-one watched). When people hear the term 'Killer Instinct' they think of the game! I think these people at USPTO might be the only people who have even heard of this TV show.
Anyway... the title of this article made me think that Microsoft refused to admit they even applied in the first place. O_o
1 Like @PSYCHOV3N0M There were also two Killer Instinct movies that came out in 1988 and 1991, as well as a book that came out in 2006. Which makes me wonder why the denial was specifically based on the Fox TV show most of us never heard of since only nine episodes aired in the US.
So... I guess we shouldn't expect a new KI... ever then. If we haven't had one yet then either Rare or Microsoft aren't interested in bringing it back to us. I feel angry, people.
Now, as gamers, it's understandable that we may not be the most likely to have heard of the show Killer Instinct. Even I have never heard of it, despite watching a good amount of TV back when this aired and searching up various things about the game Killer Instinct in the past. Perhaps, despite having only been one season long and airing several years ago, it possessed a decent amount of mainstream success.
...that is, until you take note of the fact that this show was so unpopular that even the folks at Microsoft collectively managed to overlook it.
Shoulda had renew this trademark sooner in 2005, doing it now only cause conflict with the IP. Hopefully Microsoft could find some evidence to fight back though I believe the only thing to do now is go back to Nintendo get some.
@leeko_link USPTO is going to allow microsoft the patent later this month, do some research on it, a non popular barely making one season on fox tv show will not overshadow the years of fun gaming that KI had going on ULTRAAAA ULTRAAAA ULTRAAAAA
I had never heard of the show until these articles came out. Of course I remember the game, played the shit out of it at a friends house way back in the day. I was a Genesis guy, so I didn't have the game. So yeah, this is a pretty stupid legal case(it's not the only one, though).
@tightwad34 for real i tho they had a show base on the game i was like wtf they have show base on the game and i did not know about i look it up i was like you kidding me 2005 this game was made in the 90 they are just making excuses
2 Like They need to figure out how to remake this game so I can hear the announcer go......ULTRA!!!!!!!!
8 Like So I may not get the next installment of one of my favorite fighting series because of some crappy Fox show I've never even heard of, that bombed out after one season?
9 Like there is absolutely zero chance of consumers confusing a game called Killer Instinct with a tv show that aired for a single season 7 years ago which I have never heard of. I can guarantee not a single person living, dead or otherwise would pick up a Killer Instinct game and be disappointed it was not based on the television series. The judge is an idiot.
Why didn't that show have a problem calling it that when the Killer Instinct game franchise was still (fairly) fresh in the minds of consumers?
1 Like So Microsoft can't renew its trademark because people will confuse it with a show they never watched. I know of at least one movie called Killer Instinct (which has nothing to do with the game). Are its creators screwed as well?
It really doesn't matter that Nintendo used it first. The trademark that Nintendo was granted in 1995 had to be renewed every 10 years under Section 8 & 9 of the USPTO code. Microsoft just dropped the ball, freeing it up for another company to use in a vaguely similar way.
1 Like I have a feeling that Google, Youtube, and Wikipedia are gonna get some hits for Killer Instinct "game" and "TV show" for awhile.
Well, in all honesty, it's not like MS would have done anything with it besides protect their ill-gotten IPs.
If Microsoft never renew the trademark in 2005 ... Fox did it for their show ... and now Microsoft can't use the name.
In the worst case scenario (if a new KI is to be made) they will do the same thing as Namco did with Soul Edge ... which turned into Soul Caliber
6 Like Geez Sony, all you gotta do is make a show called "Halo", and Microsoft will lose one of its biggest money makers.
The patent office is just using the TV series as an excuse. In reality they just don't want to see a Killer Instinct game for Kinect...they're just looking out for all of us ;)
10 Like WTF?!
Trademark denied because of a show nobody heard of that ended seven years ago?
@nathanmaxtro trade mark denied because MS didn't renew it in 2005 and Fox put a new application in.
Question is, will Fox renew the KI trade mark in 2015? (if they don't ms can always re-apply)
Redmond software giant files trademark application with United States Patent & Trademark Office for "online video games."
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