Back in early 2007 when PlayStation Eye was revealed for the PlayStation 3, a game called Ember was mentioned in the context of future/planned games. And while trademarked the same year, and registered in 2009, it appears to have never made it out of a conceptual stage (this may be wrong, but I have searched thoroughly this time). Now however, nearly seven years later, things are starting to happen, with the trademark in the US facing potential cancellation along with Sony Computer Entertainment Europe filing for a new application under the name Ember this past week.

Let's get to the juicy part first, namely the Petition for Cancellation which was filed on the 27th of February, 2014, by Crunchy Games Inc., an indie game start-up based in Mountain View, California (though in the filings it says Texas), which is currently developing a "unique upcoming sci-fi MMO that offers skill-based gameplay and caters to both mid- and hard-core gamers" (taken from their craigslist job ad).

The interesting part of the filing features corrupted text (can't be copied without great unease) for whatever reason, so I'm providing an image render of the filing instead, but with a small summary first:

Crunchy Games on the 27th of February this year, the same date as the Petition for Cancellation was filed, filed a standard character mark application for "Ember", related to its MMO game, has a bona fide interest in using the word ember in the ordinary course of trade. Cruncy Games also owns the internet domains playember.com and embergame.com, both which are Coming Soon pages under Network Solutions.

Crunchy Games believes it is damaged by the prior application, held by Sony Computer Entertainment Europe, and is now seeking to have it cancelled. This on grounds that the mark hasn't been used within the past three consesecutive years after registration (in 2009); Sony hasn't sold or offered to sell the Goods & Services the mark concerns, namely computer game software, video game software or electronic game programs.

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Below is the first filing in full, in PNG format:











Source: http://ttabvue.uspto.gov/ttabvue/v?pno=92058767&pty=CAN&eno=1

The consecutive filing isn't as interesting but tells dates of importance and how long Sony has to respond:









Status of the proceeding is currently on "03/01/2014 PENDING, INSTITUTED". I'm unsure exactly what that means, but could simply be that it has entered some kind of instance for further processing. Sony has anyway until the 10th of April to answer.

Additionally, which I find even more peculiar, is that Sony Computer Entertainment Europe last week, on the 7th of March, filed an application for Ember in Europe, with G&S Computer game software and video game software primarily:



Source: https://oami.europa.eu/eSearch/#details/trademarks/012674198

Considering the timetable of events here, I would assume they want to do something with Ember. There's certainly an opportunity to pick up from where this game left off and continue with PS4 Eye/Camera, or maybe even the headset rumored to be revealed at GDC. As for the US, I don't think they (Sony) can file a new application for Ember just yet due to the petition. And if, though unlikely, they lose the prior application, maybe it will get a different name in the US.

Whatever it is, we'll know soon enough if it is Sony that will have to bend over (probably not) or if it's Crunchy Games Inc. that's gonna crunch like delicious Doritos potato chips (probably). So, there you have it. Something minor for the more business centric sites to write about.

Doritos are corn chips. I say that because I like Doritos.

Hopefully the Ember (tm) is for the rumored Demon's Souls sequel.

Embers and Crunchy Games? Time for Taco Bell.

Galactic Barret said:

Doritos are corn chips. I say that because I like Doritos.

Hopefully the Ember (tm) is for the rumored Demon's Souls sequel.

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you want a demon's souls followup that is motion controlled

Its motion controlled still? It'd be interesting to see some games use that damn lightbar/camera setup.

But I retract my previous statement. No thank you to what you said.

Galactic Barret said:

Its motion controlled still? It'd be interesting to see some games use that damn lightbar/camera setup.

But I retract my previous statement. No thank you to what you said.

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No idea, that was just a suggestion of mine. I don't even know what the game was originally meant to be, as I haven't been able to find any footage of it, only mentions of it in text. But it was definitely gonna be for the PlayStation Eye.

Why don't they just use another name...

Shining Sunshine said:

Why don't they just use another name...

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Yeah really. :/ Not like the name will make or break the game.

As the story didn't attract much interest the first time, I think it's better to provide an update here than create a new thread. If a mod feels that a new thread is however better, feel free to split it.

Anyway, as of the 30th of April, it appears that Sony Computer Entertainment Europe Limited has yet to provide answer to the petition to cancel which was due in this proceeding on April 10, 2014.



http://ttabvue.uspto.gov/ttabvue/v?pno=92058767&pty=CAN&eno=6

As stated, they have though until the 30th of May to show cause why judgment by default shouldn't be entered. I find it strange why they didn't bother to provide an answer by the 10th of April, considering they also recently filed a trademark for Ember in Europe (as written in the OP). That trademark was published in the Official Gazette of the OHIM on the 25th of April; the opposition period ends on the 25th of July, and the mark has yet to receive any oppositions. Again, I find this strange, but they seem to be wanting to do something with this at least. Perhaps we will find out at E3.