Minor: Nintendo files Declaration of Use for Metroid: Other M trademark

R

Rösti

Unconfirmed Member
Disclaimer: This is normal post-registration maintenance and nothing indicative of a product or service being researched or developed. I'm bringing it up due to the use of Metroid: Other M.

On March 22, 2016, the United States Patent and Trademark Office (USPTO) sent a Courtesy Reminder of Required Trademark Registration Maintenance Filing under Section 8 regarding Nintendo of America's trademark application US Serial Number 77749726, Metroid: Other M, originally filed on June 02, 2009 and registered on March 22, 2011:

WARNING: Your trademark registration will be CANCELLED if you do not file the required document below during the specified statutory time period.

The above-identified registration registered on Mar 22, 2011. Therefore, the owner of the registration must file a Declaration of Use and/or Excusable Nonuse under §8 of the Trademark Act anytime between now and Mar 22, 2017. For an additional fee, the owner may file the declaration within the six-month grace period that ends on Sep 22, 2017. See 15 U.S.C. §1058. The current fee for filing a declaration under §8 is $100 per class, and the additional fee for filing during the six-month grace period is $100 per class. 37 C.F.R. §2.6.
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn77749726&docId=ER120160322054845#docIndex=2&page=1

On February 28, 2017, a Combined Declaration of Use and Incontestability under Sections 8 & 15 was filed:

The owner, Nintendo of America Inc., a corporation of Washington, having an address of
4600 150th Avenue NE
Redmond, Washington 98052
United States
206-682-8100
Efiling@cojk.com (authorized)
is filing a Combined Declaration of Use and Incontestability under Sections 8 & 15.

For International Class 009, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration: Compact discs and optical discs featuring entertainment, educational and informational content, namely, games and stories

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class: Computer game discs; computer game programs; computer game software; electronic game discs; electronic game programs; electronic game software; interactive electronic game discs; interactive electronic game programs; interactive electronic game software; interactive video game discs; interactive video game programs; interactive video game software; video game discs; video game programs; video game software

For the remaining goods or services, the mark has been continuously used in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce on or in connection with these goods or services. Also, no final decision adverse to the owner's claim of ownership of such mark for those goods or services exists, or to the owner's right to register the same or to keep the same on the register; and, no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts exists.

The owner is submitting one(or more) specimen(s) for this class showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) commercial packaging for the goods and bearing the mark.
Declaration

  • Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
  • The specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
  • The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is still in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration.
  • There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the owner's right to register the same or to keep the same on the register.
  • There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
  • To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
  • The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn77749726&docId=81520170301171307#docIndex=1&page=1

The specimen used is this heavily compressed JPEG (here in PNG format to not further compress it):

Also, US Serial Number 77749727, Metroid (one of the two main Metroid trademarks) also saw Combined Declaration of Use and Incontestability under Sections 8 & 15 earlier in February, the specimen used there was the same image as above (for the earlier Statement of Use they used an image of the title screen of the original Metroid for NES).

Source: http://tsdr.uspto.gov/documentviewer?caseId=sn77749727&docId=81520170216162749#docIndex=1&page=1

Metroid: Other M is available as a digital download for Wii U. The goods and services the Other M trademark is filed under do however not include downloadable electronic game software. The goods and services for the Metroid trademark do.

Again, nothing too interesting but I thought due to Metroid: Other M's reputation and how Nintendo has handled the Metroid franchise for years now it was worthy a mention.
 

pswii60

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Was this game a bad game? Or just a bad Metroid game? I loved all three Prime games but never tried this.
 

Orin GA

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Rösti;231629728 said:
Disclaimer: This is normal post-registration maintenance and nothing indicative of a product or service being researched or developed. I'm bringing it up due to the use of Metroid: Other M.
 

Shiggy

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Jun 10, 2004
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Incredible information. Does this mean they will not recall the Wii discs containing this game and not delete the Wii U digital downloads? This does not bode well for Switch users who are hoping that their faulty units get replaced.


Was this game a bad game?
I enjoyed it once I downloaded a save file and was able to directly go into the theatre mode and just watch the cutscenes. While not a great story, it was still better than the gameplay.
 

Spork4000

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Mar 29, 2013
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"I hope switch gets a new Metroid"

....



My biggest issues with other M were the story and the controls, fix those and color me interested.
 

Vital Tundra

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Apr 13, 2015
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Wilmington, NC
Was this game a bad game? Or just a bad Metroid game? I loved all three Prime games but never tried this.
It was a horrible Metroid, and a bad game. Controls are ass because Sakamoto wanted it to feel like the classic games so you have to use the Wii its sideways. Certain sections force you to point it which adds to the awkwardness. The visor scan is dumb as shit and is essentially searching for the right pixel. Their isn't much in terms of actually level design. Doors lock behind you and paths aren't interesting. Combat is alright with some cool flashy stuff. Samus is horrible in this game and goes against everything Samus should stand for. The story is nonsincicle. The Varia Suit is the worst looking in the series. It's a mess.
 

Suzushiiro

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Aug 7, 2013
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Was this game a bad game? Or just a bad Metroid game? I loved all three Prime games but never tried this.
The story is god-fucking-awful, full stop, and the primary reason why it's seen as offensively bad as opposed to just 'meh' in the eyes of long-time series fans. Gameplay is at its core a decent attempt at a 3D Metroid that's closer to the 2D Metroids mechanically than the Prime games, but is overall fucked by the Wii controller and the game being super linear in general.
 

MarkusRJR

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Was this game a bad game? Or just a bad Metroid game? I loved all three Prime games but never tried this.
Combat and gameplay itself is competent. Nothing mindblowing but it works. The problem with the game is how uninspired a lot of the areas are, how godawful the story is, and how they fucked up the characterization of Samus to a degree where it fucked up the future of the franchise (due to massive backlash from fans that was also worsened by Federation Force).
 

Toxi

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May 29, 2013
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Other M's gameplay is reminiscent of the 2D Metroids if the 2D Metroids were taken out behind the shed and had their brains blown out.
 

vaudevillain

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I enjoyed it once I downloaded a save file and was able to directly go into the theatre mode and just watch the cutscenes. While not a great story, it was still better than the gameplay.
Wow, this was the exact opposite of my feeling about the game. I was so glad to play through it a second time and be able to skip through cutscenes, haha. I actually really liked the game itself, as different as it was from other Metroids.
 

L Thammy

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Nov 4, 2012
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I have no interest in seeing Another M, but I have a lot of interest in other people seeing Another M.
 

RK128

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Jan 6, 2014
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Other M 2 here we go!

Sigh.......okay, I know thinking cynically isn't the best but if Nintendo really is pursuing an other action-focused Metroid they must do the following.

-Have more depth in the combat engine
-Offer strong level design for exploration
-Have a GOOD STORY that doesn't make you want to smash the disk in half
-Use traditional controls (which would be likely due to the Switch button lay-out)

If they do those things, I would be open to another game using the Other M Frame-Work. Just....I want another great Metroid again. Federation Force was okay but not the game many wanted. Hopefully we get a fun Metroid in the future but I'm not holding my breath on that.

What this trademark likely implies is that we are getting Wii games either ported or emulated for the Switch in the future. Other M being one of the first ones to do this is kinda odd though.