The conflicting marks. A potential likelihood of confusion, should the right mark register, is mentioned in the office action.
This happened last month but I didn't see it until now. On September 18, 2017, US Serial Number 87484513, Horizon Zero Dawn: The Frozen Wilds was met with a suspension notice due to a pending application (Frozen Wild by Huuuge Global Limited) precedes the filing date of Sony’s application.
SUSPENSION NOTICE: NO RESPONSE NEEDED
ISSUE/MAILING DATE: 9/18/2017
The trademark examining attorney is suspending action on the application for the reason(s) stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The effective filing date of the pending application(s) identified below precedes the filing date of applicant’s application. If the mark in the referenced application(s) registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the earlier-filed referenced application(s) is either registered or abandoned. 37 C.F.R. §2.83(c). A copy of information relevant to this referenced application(s) is attached.
- Application Serial No(s). 87466907
The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP §§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04.
No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.uspto.gov/rsi/rsi.
Huuuge Games develops mobile free-to-play casino games. Huuuge's application was published for opposition on October 17, 2017.
Sony may respond by arguing that there is no likelihood of confusion between the marks.