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Nintendo extends trademark for Eternal Darkness

R

Rösti

Unconfirmed Member
Original thread title: Nintendo technically confirms development of new Eternal Darkness title

Clarification: New can mean here HD remaster, port etc.

Also: Small tidbit on Wii Vitality Sensor (scroll down below Eternal Darkness segment). Could of course be split into its own thread if a mod finds that more appropriate.

On July 23, 2013, Nintendo of America Inc. filed, as discussed here, a trademark application for Eternal Darkness. The USPTO issued a Notice of Allowance on December 31, 2013. Thereafter Nintendo has continued the process by filing Requests for Extension of Time to file a Statement of Use (Extension Requests). The first one happened in June this year, the second one just a few days ago. I mentioned this in the linked thread, but as information wasn't complete at the time of posting it didn't include the news of this thread (and just the filing itself did not warrant its own thread in my opinion). Anyway, the second extension request was filed on December 17, 2014, as follows:

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: ETERNAL DARKNESS
SERIAL NUMBER: 86017853

The applicant, Nintendo of America Inc., having an address of
4600 150th Avenue NE
Redmond, Washington 98052
United States
requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application. The Notice of Allowance mailing date was 12/31/2013.

For International Class 009:
Current identification: Computer game programs; computer game software; downloadable electronic game programs; downloadable electronic game software; electronic game programs; electronic game software; video game programs; video game software

The applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance or as subsequently modified for this specific class.

This is the second extension request. The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods and/or services covered by the extension request: product or service research or development

A fee payment in the amount of $150 will be submitted with the form, representing payment for 1 class.

Declaration

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

Signature: /Devon W. Pritchard/ Date Signed: 12/17/2014
Signatory's Name: Devon W. Pritchard
Signatory's Position: Senior Vice President, General Counsel
Signatory's Phone: 206-682-8100

RAM Sale Number: 86017853
RAM Accounting Date: 12/18/2014

Serial Number: 86017853
Internet Transmission Date: Wed Dec 17 14:11:08 EST 2014
TEAS Stamp: USPTO/ESU-67.139.158.99-2014121714110856
0637-86017853-5004e44f19fafbe1d431970c95
57d2b627e91fe14f144d7f1dce7cd48835ff5854
-CC-185-20141216104353968080
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn86017853&docId=ESU20141219115151#docIndex=0&page=1

I've tried finding out exactly what research in the context of "product or service research or development" means, but haven't found anything of use. But I cannot see it being anything else than game development. However, this is not confirmation that a new game in this franchise will be released, much can happen along the way and Nintendo can decide to at any point without prior notice cancel development of the game and thereby also the trademark.

The second story is about the Wii Vitality Sensor which also saw an extension request on December 17, and also shares with the Eternal Darkness mark that Nintendo has made the following ongoing efforts to use it in commerce: product or service research or development:

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: WII VITALITY SENSOR
SERIAL NUMBER: 77749734

The applicant, Nintendo of America Inc., having an address of
4600 150th Avenue NE
Redmond, Washington 98052
United States
requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application. The Notice of Allowance mailing date was 06/26/2012.

For International Class 009:
Current identification: Computer and video game system accessories, namely, electronic sensors for sensing information relating to human physiological conditions and game software associated therewith

The applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance or as subsequently modified for this specific class.

This is the fifth extension request. The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods and/or services covered by the extension request: product or service research or development

A fee payment in the amount of $150 will be submitted with the form, representing payment for 1 class.

Declaration

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

Signature: /Devon W. Pritchard/ Date Signed: 12/17/2014
Signatory's Name: Devon W. Pritchard
Signatory's Position: Senior Vice President, General Counsel
Signatory's Phone: 206-682-8100

RAM Sale Number: 77749734
RAM Accounting Date: 12/18/2014

Serial Number: 77749734
Internet Transmission Date: Wed Dec 17 14:15:21 EST 2014
TEAS Stamp: USPTO/ESU-67.139.158.99-2014121714152144
5869-77749734-500d5a12e0b127ee121bfa7be5
a75c6cae2938f4fbd39be10545d2d47650c0-CC-
260-20141216110533355020
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn77749734&docId=ESU20141219115156#docIndex=0&page=1

Why they continue to file extension requests for this I don't understand. Especially as it's the Wii Vitality Sensor and not just the Vitality Sensor (which could perhaps be part of the QOL lineup). I thought they had abandoned it due to it not being compatible with everyone. Who knows what might happen. This is the final extension request they can file anyway.
 

Crom

Junior Member
Nov 18, 2006
1,445
0
0
Valhalla
Hope this true.

***In before someone comes and crushes my dreams with reality.



This and the rumored Zombi U 2 would be megaton for me.
 
J

Jotamide

Unconfirmed Member
Never played it. But I've heard great stuff about it.
 

Adaren

Member
Jan 3, 2013
3,785
0
415
I was too young to play the original when it was out, but the game always interested me.

I'll gladly pick this up!
 

Sorcerer

Member
Jul 4, 2012
4,036
91
530
I am not sure I want this done without Denis Dyak.

I know he is a crazy fucker, but I imagine the greatness of the game rests with him and his team at the time.

I know Denis is still involved in games, so maybe he is involved?
 

Imbarkus

As Sartre noted in his contemplation on Hell in No Exit, the true horror is other members.
Mar 7, 2009
7,686
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Denver
www.imbarkus.com
An HD rerelease would be pretty cool. That could be all this points to.

I am not sure I want this done without Denis Dyak.

I know he is a crazy fucker, but I imagine the greatness of the game rests with him and his team at the time.

I know Denis is still involved in games, so maybe he is involved?
Oh boy here we go. I'm with you, though.
 

adamantypants

Member
Feb 20, 2009
4,623
1
765
Vegas
Companies do this all the time. They just don't want to lose rights to the name. It doesn't mean they're actually going to make it.
Hope this true.

***In before someone comes and crushes my dreams with reality.



This and the rumored Zombi U 2 would be megaton for me.
Glad to be of service
 

Verger

Banned
Jun 19, 2014
2,517
0
0
I don't think this is actual confirmation. I'm sure they can say whatever reason they want to in order to extend their hold on the IP.

I'd love for a re-release of the game on Virtual Console. But that won't be easy as lots of the "Sanity Effects" were tailored for Gamecube hardware specifically, and there were other technical things like aspect ratios and such. It's not impossible of course, but it might be a much bigger cost of development than a "quick port"
 
Jun 10, 2004
4,260
52
1,480
Noice!


Now, they need to bring over ED:SR over to Wii U cuz i missed the boat on NGC. And i'm not hunting down a copy cuz it's tooooo expensive.
 

Hiltz

Member
Dec 8, 2007
9,049
0
0
U.S.A.
I want to smile at this small piece of news, but it has to be too good to be true. It also made so much sense to use Eternal Darkness with the Wii U GamePad. What a missed opportunity it will be.
 
R

Rösti

Unconfirmed Member
Companies do this all the time. They just don't want to lose rights to the name. It doesn't mean they're actually going to make it.

Glad to be of service
I don't think this is actual confirmation. I'm sure they can say whatever reason they want to in order to extend their hold on the IP.
Hence why I wrote "technically".
 

KingV

Member
Jul 30, 2004
5,541
2
1,450
Eternal Darkness with heartbeat sensor activated insanity effects would actually be really cool.
 
Aug 19, 2006
25,598
1
0
I don't think this is actual confirmation. I'm sure they can say whatever reason they want to in order to extend their hold on the IP.
They could but the paragraph afterwards is a bit scary.

But I can't think why porting to another system wouldn't count as development, if it wasn't a straight emulated game.
 

Makonero

Member
Apr 13, 2012
8,095
1
0
HD Remaster? That's the only likely answer outside of simply extending the copyright just in case.