R
Rösti
Unconfirmed Member
Update: On July 21, 2017, Nintendo of America Inc. submitted its answer to Notice of Opposition
http://ttabvue.uspto.gov/ttabvue/v?pno=91235038&pty=OPP&eno=4
Update: On June 13, 2017, Life Covenant Church, Inc. formally opposed Nintendo of America Inc.'s Nintendo Switch trademark application.
http://ttabvue.uspto.gov/ttabvue/v?p...&pty=OPP&eno=1
On May 24, 2017, a charitable, non-profit corporation called Life Covenant Church, Inc. filed a request for an extension of time to file an opposition against Nintendo of America's trademark application US Serial Number 87209606, Nintendo Switch. Note that this is not an opposition yet, only a request that the window to file an opposition is extended.
Below is the letter they sent to the USPTO:
Source: http://ttabvue.uspto.gov/ttabvue/v?pno=87209606&pty=EXT&eno=1
So why did they file this request for an extension of time to file an opposition? Well, Life Covenant Church, Inc. apparently has a youth ministry called Switch which they have three pending trademark applications for under different goods and service, plus four older trademark (of which three are registered). The pending trademark applications are under the following goods and services:
The Nintendo Switch trademark and these marks appear to have in common goods and services related to pens, pencils and the likes. Life Covenant Church, Inc. has been using its mark related to pencils since 2005, and that mark is also on a 1A filing basis (Application based on use in commerce). Nintendo's Switch mark is on a 1B filing basis (Application based on intent to use) however, although Nintendo's mark has an earlier filing date than those of Life Covenant Church, Inc.
Also to note is that Life Covenant Church's Switch logo uses a typeface very similar to that in Nintendo's Switch logo, and that typeface is FF Mark Heavy.
Likely if any greater issues should arise due to this Nintendo will either remove the affected goods and services from its application or reach a settlement with Life Covenant Church. I'll update the story as it goes.
Not the most exciting story perhaps but I figured it was worthy a mention.
http://ttabvue.uspto.gov/ttabvue/v?pno=91235038&pty=OPP&eno=4
Update: On June 13, 2017, Life Covenant Church, Inc. formally opposed Nintendo of America Inc.'s Nintendo Switch trademark application.
http://ttabvue.uspto.gov/ttabvue/v?p...&pty=OPP&eno=1
On May 24, 2017, a charitable, non-profit corporation called Life Covenant Church, Inc. filed a request for an extension of time to file an opposition against Nintendo of America's trademark application US Serial Number 87209606, Nintendo Switch. Note that this is not an opposition yet, only a request that the window to file an opposition is extended.
Below is the letter they sent to the USPTO:
Source: http://ttabvue.uspto.gov/ttabvue/v?pno=87209606&pty=EXT&eno=1
So why did they file this request for an extension of time to file an opposition? Well, Life Covenant Church, Inc. apparently has a youth ministry called Switch which they have three pending trademark applications for under different goods and service, plus four older trademark (of which three are registered). The pending trademark applications are under the following goods and services:
The Nintendo Switch trademark and these marks appear to have in common goods and services related to pens, pencils and the likes. Life Covenant Church, Inc. has been using its mark related to pencils since 2005, and that mark is also on a 1A filing basis (Application based on use in commerce). Nintendo's Switch mark is on a 1B filing basis (Application based on intent to use) however, although Nintendo's mark has an earlier filing date than those of Life Covenant Church, Inc.
Also to note is that Life Covenant Church's Switch logo uses a typeface very similar to that in Nintendo's Switch logo, and that typeface is FF Mark Heavy.
Likely if any greater issues should arise due to this Nintendo will either remove the affected goods and services from its application or reach a settlement with Life Covenant Church. I'll update the story as it goes.
Not the most exciting story perhaps but I figured it was worthy a mention.
