Thursday, June 16, 2016

Capcom Files Trademarks for Resident Evil 7

Just three days ago, Capcom announced Resident Evil 7: Biohazard at E3 2016. And just one day before that, its attorneys filed federal trademark applications to protect the game's title.
On July 12th, Capcom Co., LTD., a Japanese corporation, filed trademark applications for both RESIDENT EVIL BIOHAZARD and RESIDENT EVIL 7 BIOHAZARD. The gaming company filed both applications on an intent-to-use basis (meaning it claims to not be using the marks in commerce yet) in Class 009 for 
Computer game software; Computer games in the form of cartridges, cassettes, discs or tapes; Video game cartridges; Downloadable game software; Downloadable computer games; Electronic game programs for mobile phones and smart phones; Electronic game software for mobile phones and smart phones; Downloadable game program for playing on mobile phones and smart phones; Downloadable game software for playing on mobile phones and smart phones; Screen saver software and wallpaper software; Downloadable screen saver software and wallpaper software for mobile phones and smart phones; Downloadable graphics and music via a global computer network; Downloadable graphics, music and ring tones for mobile phones and smart phones[.]
Had Capcom filed these applications on an actual use basis, the company would have submitted a specimen with the applications showing use of the mark in commerce. See TMEP 904. These specimens might have given us a look at the game's cover, as the packaging of goods typically serves as an ideal specimen. TMEP 904.03(c). Nonetheless, Capcom is still required to submit specimens for these marks with an intent-to-use application, but will do so later on in the registration process.

According to my quick search, Capcom owns 132 live trademark applications or registrations at the U.S. Patent and Trademark Office covering a variety of goods and services, including registrations for CAPCOM as it relates to "video game and computer game strategy guidebooks," MEGA MAN for "video output game machines and computer game programs" (filed in 1989), and RESIDENT EVIL DEGENERATION, also for "computer game software." Resident Evil 7's trademarks are the newest additions to Capcom's intellectual property portfolio.

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