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.

How I Met Your Father? Fox Files Trademarks For Potential Spinoff Show

If recent federal trademark filings are any indication, Twentieth Century Fox Film Corporation may be planning a spinoff of the popular How I Met Your Mother show. On June 9th, the company filed two federal trademark applications for HOW I MET YOUR FATHER.

Fox filed these applications in Class 041 for "[e]ntertainment services in the nature of a television series featuring comedy" and a variety of related services, and in Class 009 for "[p]re-recorded DVDs featuring comedy" and a variety of related goods. Fox owns a registration for HOW I MET YOUR MOTHER in Class 041 for identical entertainment services in the nature of a television series featuring comedy. Both applications were filed on an intent-to-use basis.

According to Deadline.com, a pilot for this show (then called How I Met Your Dad) was presented to CBS in the first half of 2014, but the network passed on picking it up. Interestingly, Deadline also reported at that time that CBS and Twentieth Century Fox were in talks regarding the show. Given these recent trademark filings, it appears the show might have new life with Fox.

HODOR Trademark Filed for Door Stops

Yes, that's right. An applicant in New York (who appears to be known for toilet-shaped dog and cat bowls) filed a federal trademark application on June 3rd for HODOR in Class 020 for "[d]oor stops of wood." Those of you who saw the Game of Thrones episode from three weeks ago know what this is about. For those who don't, I won't spoil it. Very creative indeed, applicant.

Despite the creativity, I do not see the USPTO registering this mark. Stamping a large phrase across an item like this is often considered ornamental use, rather than trademark use. These means the subject matter is "merely a decorative feature" and "does not identify and distinguish the applicant's goods." This is seen a lot in trademark applications for phrases on shirts.

This application also suggests a connection with the HBO show, which is never good if one does not have a license. While this application is certainly clever, the chances of it actually registering are minimal.

Trademark Filings Hint at Tucson AHL Team's New Name

Last month, the Arizona Coyotes, an NHL team, moved the Springfield Falcons to Tucson to be the team's AHL affiliate. According to reports, the Coyotes held a contest to determine the Tucson team's new name. The team is expected to announce the winner on June 18th.

On June 3rd, IceArizona AHL Co, LLC (which I presume is the entity that owns the new team) filed five federal trademark applications (like this one) that may contain the team's new name. Those applications are seen below.

The team filed each application in Class 041 for "[e]ntertainment services, namely, organizing, providing and conducting professional ice hockey exhibitions and games." Each application was filed on an intent-to-use basis, which means the team is not currently using these marks in commerce (which makes sense given that a name has not been selected yet). The Chargers Football Company did something similar when it filed a trademark application for LA CHARGERS on an intent-to-use basis earlier this year.

When the Coyotes announce the AHL team's new name on June 18th, will it will come from this list of recently filed trademarks? It very well could.

Frito-Lay Files Trademark Application for New Cracker Jack Logo

Earlier this year, Frito-Lay announced that Cracker Jack boxes would be getting a new look with an updated logo. The brand also announced it would no longer offer toys inside the boxes for the first time in 125 years (consumers will now receive a digital code that can be used to access smart-phone games).

On June 2nd, Frito-Lay North America, Inc. filed a federal trademark application to protect the new logo (see above). The company filed the logo in Class 030 for "[c]orn-based snack foods; [f]lavor-coated popped popcorn; [p]opped popcorn.

According to the application, the new logo has been used in commerce since at least February 2016. The specimen submitted with the application, showing the logo used on the goods, is seen above.

CHONUT Sandwich Specimen is Delicious...But Will Be Rejected

On May 30th, an individual in New Jersey filed a federal trademark application for CHONUT. The applicant filed the application on a 1(a) basis in Class 030 for "[h]amburger sandwiches." According to the application, he has been using the term since February 2015.

All is good so far, until the applicant's specimen is examined (see above). While this may be a literal "specimen" of the sandwich, this is not the specimen the Trademark Office needs to register a trademark.

A specimen, for Trademark Office purposes, shows the manner in which a mark is seen by the public. TMEP 904. For goods, labels and tags, stampings, and commercial packaging showing the mark are all acceptable specimens. See TMEP 904.03(a)-(c). Websites can also be good specimens so long as the identified goods are displayed in close conjunction with the mark and there is a means for ordering the goods. TMEP 904.03(i).

Unfortunately for this applicant, his "specimen" shows the goods, not the mark. Fortunately for the applicant, the Trademark Office will give him an opportunity to fix the deficient specimen. To save his application (and filing fee), the applicant will need to submit a substitute specimen that shows the mark being used in commerce in conjunction with the goods. The substitute specimen must also have been in use in commerce at least as early as the filing date (in other words, he can't create a new specimen now).

On another note - the specimen was described as a "barbecue sandwich on a donut." Would that be good?

Is This DRUNKEN FRUIT Trademark Merely Descriptive?

On May 27th, two enterprising individuals from Brooklyn, New York filed a federal trademark application for DRUNKEN FRUIT. The individuals filed the application in Class 029 for "[f]ruit preserved in alcohol; [f]ruits preserved in alcohol; [f]ruits in preserved form." Sounds pretty good to me.

Is the trademark merely descriptive though? A mark is merely descriptive "if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services." TMEP 1209.01(b). I have a feeling the Trademark Office will deem DRUNKEN FRUIT to be merely descriptive of an ingredient, quality, or characteristic of the underlying goods (namely, fruits preserved in alcohol).

Merely descriptive terms cannot be registered as trademarks under Section 2(e)(1) of the Trademark Act until and unless they acquire distinctiveness in the marketplace.

This application's saving grace may be the fact that this trademark has apparently been in use since June 2008. Under Section 2(f) of the Trademark Act, if the applicants can show "proof of substantially exclusive and continuous use" of the mark "in commerce for the five years before the date on which the claim of distinctiveness is made," the Trademark Office will accept such use as prima facie evidence of the fact that the mark has become distinctive as applied to the applicant's goods (aka the mark has "acquired distinctiveness"). A showing of acquired distinctiveness is required to register a merely descriptive term as a trademark.

The applicants did not make the 2(f) claim on the application, but may do so if the examining attorney at the Trademark Office deems this mark merely descriptive. On another note - where can I buy this?