Friday, May 19, 2017

Ubisoft Files New SPLINTER CELL Trademark Application Covering Multi-Player Computer Games, eSports Competitions

UbiSoft's Tom Clancy's Splinter Cell series has been around for years, boasting six installments of video games over the years, the last of which UbiSoft released in 2013. A recent federal trademark application for SPLINTER CELL filed by UbiSoft with the U.S. Patent and Trademark Office, however, suggests a new installment may be in the works.

UbiSoft filed the application on May 15th for a variety of computer and video game-related services in Class 41, including:
  • Entertainment services, namely, providing interactive multi-player computer games via the internet and electronic communication networks;
  • Entertainment services, namely, continuing television programs and interactive television programs featuring comedy, drama, live-action, and animation, broadcast over television, satellite, audio, and video media;
  • Entertainment services, in the nature of eSports competitions; and
  • Providing a web-based system and on-line portal for gamers to participate in on-line gaming, operation and coordination of game tournaments, leagues and tours for computer game playing purposes; rental and distribution of entertainment content of others, namely, video games, movies and television shows.
The application was filed on an intent to use basis, suggesting UbiSoft is not yet using the SPLINTER CELL trademark in conjunction with all the services listed in the application but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b).

This is the first video game-related SPLINTER CELL trademark application filed by UbiSoft since October 2016. That application covered services similar to those in this most recent one. UbiSoft does already own four federal trademark registrations for SPLINTER CELL going back to 2002, and registrations for SPLINTER CELL CONVICTION, SPLINTER CELL CHAOS THEORY, and SPLINTER CELL DOUBLE AGENT. Although these registrations cover video games, none cover services as expansive as those in the most recent applications, such as eSports competitions or television programs.

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