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Killer Instinct: Microsoft Denied Trademark Renewal

Author:
Jonathan Lester
Category:
News
Tags:
Killer Instinct, Microsoft, Patents, rare

Killer Instinct: Microsoft Denied Trademark Renewal

Microsoft has been unable to renew the Killer Instinct trademark, despite stating that they had earlier this year.

According to a document from the United States Patent and Trademark Office [discovered and posted by NeoGAF member Rösti], 'Killer Instinct' is already a short-lived television series, meaning that "consumers are likely to be confused" by Microsoft's application.

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.”

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. 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.

Therefore, the marks are confusingly similar.

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.

Rare recently hinted at a "jaw-dropping" project in the works. Was it intended to be Killer Instinct? And will they now have to rename it?

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