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Nintendo of America files "reapplication" for Eternal Darkness trademark

grandjedi6

Master of the Google Search
Feb 22, 2007
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dont know about all that copyright jargon, what exactly does this mean?
Nothing. People are grasping onto hopes. All it means is that Nintendo is going to send a check to the patent office every 6 months to continue to extend the deadline. The deadline that doesn't matter because it's not like someone else is trying to trademark "Eternal Darkness" (and the only company that ever would has been sued out of business!)
 

Malvingt2

Member
May 24, 2012
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Watch it being some Eternal Darkness postcards as a Club Nintendo reward.

Well

GOODS/SERVICES BY INTERNATIONAL CLASS

009 - 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 -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.
 

-Horizon-

Member
Aug 29, 2012
33,260
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Watch it being some Eternal Darkness postcards as a Club Nintendo reward.

Sounds like that would take work for Nintendo to make, they'd rather look for whatever is left over in their back storage.
Why is there no Fire Emblem reward? what the heck Nintendo, I'm still bitter about this
 

gurudyne

Member
Jul 6, 2012
2,551
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Watch it being only for a Smash 4 assist trophy :p

It would be amazing if you could play Pious. Or if Mantorok was an assist character. Or one of the stages was the Roivas family mansion foyer and had sanity effects (that heal or harm players if those settings were selected at the outset.)
 

prag16

Banned
Jul 12, 2012
12,184
4,384
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I can't be the only one who's worried about how the GameCube games will be emulated, given that the NES Wii U Virtual Console games look & sound horrible.
It shouldn't have to even be emulation at all, since the Wii U can run Wii games natively.

I also never really had an issue with how the NES games run.
 

Imbarkus

As Sartre noted in his contemplation on Hell in No Exit, the true horror is other members.
Mar 7, 2009
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Rösti;95707816 said:
Update (on 31st of December, 2013): Notice of Allowance (NOA) sent (issued) to the applicant. Applicant must file a Statement of Use or Extension Request within six months of the NOA issuance date.


Source: http://tsdr.uspto.gov/documentviewer?caseId=sn86017853&docId=ALW20131231061754#docIndex=0&page=1

Hopefully we will see something new regarding Eternal Darkness within one and a half year.



I know some guys who just need funded.
 

Effect

Member
Jun 15, 2007
21,770
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I'd totally play a remake
, I never played the original

Same on both fronts. If they're not going to do a new one then just remake the original game and maybe add a few updated/modern features. Have one of their teams do it or have a smaller studio like Grezzo or Monster Games, etc do it.
 

The Giant

Banned
Jan 25, 2012
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Hope this means Nintendo will fund Shadow of the Eternals and rename it Eternal Darkness 2 and also bring Eternal Darkness to Wii U VC.
 
Jul 4, 2008
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If Nintendo had any brains they would put a new Eternal Darkness in production with a strong passionate development team....

....
as a launch title for their next gen console
 
R

Rösti

Unconfirmed Member
While this is technically new news, I'm not sure if it warrants a separate thread. Should so be a mod can perhaps extract from here and create a thread. Anyway, Nintendo of America on June 23 filed a Request for Extension of Time to File a Statement of Use with the USPTO regarding the Eternal Darkness trademark:





Source: http://tsdr.uspto.gov/documentviewer?caseId=sn86017853&docId=ESU20140624161644#docIndex=0&page=1

For those that may not know, the USPTO defines an extension request as the following:

Extension Request - a sworn statement signed by the owner or a person authorized to sign on behalf of the owner, stating that the applicant still has a bona fide intention to use the mark in commerce, and needs additional time to use the mark in commerce. A filing fee per class of goods/services must accompany the Extension Request. (see the current fee schedule at How to Pay Fees to determine the current fee for Code 6004/7004)

The Extension Request, if granted, gives the owner an additional six (6) months to either: (1) use the mark in commerce and file a Statement of Use; or (2) file another Extension Request.

You may continue to file Extension Requests every six (6) months. However, you must use the mark and file a Statement of Use within three (3) years of the issue date of the Notice of Allowance. The USPTO will not register a mark if, after thirty-six (36) months of the issue date of the Notice of Allowance, a Statement of Use has not been filed.
Source: http://www.uspto.gov/main/glossary/#ext

The USPTO sent Nintendo of America a Notice of Allowance on December 31, 2013, meaning that Nintendo can use the mark if they so choose (file an SOU), or file extension requests for a maximum of three years. As six months have passed since that date, we're now ≤ 30 months away from something new Eternal Darkness related, if they don't decide to simply abandon the filing altogether (I believe Nintendo has done this on on a few occasions, but that was due to extraordinary circumstances, and I trust it will not happen here).

The filing tells anyway that Nintendo currently seeks to pursuit this IP in trade in one way or another. It may be as a sequel to Eternal Darkness: Sanity's Requiem, an HD remaster of that title or simply something set in the Eternal Darkness universe.
 
D

Deleted member 752119

Unconfirmed Member
I loved ED. Played it back it back to back to do the three paths and get the real ending. And I pretty much never replay games.
 

ramoisdead

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Feb 21, 2013
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An HD remaster of Eternity Darkness would be a right fit for the Wii U. Imagine all that glitched stuff happening on the Gamepad.
 

foxuzamaki

Doesn't read OPs, especially not his own
Jul 21, 2013
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Rösti;118170815 said:
While this is technically new news, I'm not sure if it warrants a separate thread. Should so be a mod can perhaps extract from here and create a thread. Anyway, Nintendo of America on June 23 filed a Request for Extension of Time to File a Statement of Use with the USPTO regarding the Eternal Darkness trademark:





Source: http://tsdr.uspto.gov/documentviewer?caseId=sn86017853&docId=ESU20140624161644#docIndex=0&page=1

For those that may not know, the USPTO defines an extension request as the following:


Source: http://www.uspto.gov/main/glossary/#ext

The USPTO sent Nintendo of America a Notice of Allowance on December 31, 2013, meaning that Nintendo can use the mark if they so choose (file an SOU), or file extension requests for a maximum of three years. As six months have passed since that date, we're now ≤ 30 months away from something new Eternal Darkness related, if they don't decide to simply abandon the filing altogether (I believe Nintendo has done this on on a few occasions, but that was due to extraordinary circumstances, and I trust it will not happen here).

The filing tells anyway that Nintendo currently seeks to pursuit this IP in trade in one way or another. It may be as a sequel to Eternal Darkness: Sanity's Requiem, an HD remaster of that title or simply something set in the Eternal Darkness universe.
Excellent! They wouldnt be keeping this if they didnt plan to do something with it.
 

emb

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Feb 22, 2011
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Why is Nintendo having to prove use of this, when they have so many other franchises that are being left dormant and unused? Before the Wii's Virtual console, were they close to losing rights to things like Mach Rider and Kid Icarus?

Do small things like a cameo in Smash Bros. count? I can easily see an Eternal Darkness trophy or two showing up in Super Smash Brothers 4.
 

wrowa

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Jul 26, 2006
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Even if I as a huge company don't have an intention to use a trademark in the near future, why wouldn't I fill an extension regardless? Plans might change in the span of 3 years, you never know, and the costs of extension seem to be absolutely neglible.
 

foxuzamaki

Doesn't read OPs, especially not his own
Jul 21, 2013
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st. louis
Even if I as a huge company don't have an intention to use a trademark in the near future, why wouldn't I fill an extension regardless? Plans might change in the span of 3 years, you never know, and the costs of extension seem to be absolutely neglible.
then you would see stuff like ice climbers constantly getting renewed if that was the case, they clearly intend to do something with it, at the very least have it release on VC
 

wrowa

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Jul 26, 2006
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then you would see stuff like ice climbers constantly getting renewed if that was the case, they clearly intend to do something with it, at the very least have it release on VC

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:15ozjp.2.1

If I read this right, Nintendo still owns the trademark to Ice Climber, so I'm not sure where you are coming from.

The last thing a company wants is to lose its trademarks. Even if you don't use it, your IPs are pretty much your bread and butter. So, if you can prevent a trademark from expiring easily - and paying $900 for 3 more years is nothing -, why wouldn't you do it? I just don't see a reason why Nintendo would have not asked for an extension.
 

Effect

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Jun 15, 2007
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Why is Nintendo having to prove use of this, when they have so many other franchises that are being left dormant and unused? Before the Wii's Virtual console, were they close to losing rights to things like Mach Rider and Kid Icarus?

Do small things like a cameo in Smash Bros. count? I can easily see an Eternal Darkness trophy or two showing up in Super Smash Brothers 4.

A LOT of Nintendo's other titles are still being sold via the Virtual Console on the Wii (mode), Wii U, and 3DS. As long as that is happening they don't have to worry about them. This is why a GameCube VC is needed or a series of remakes sold on the Wii U eShop.

I would gather something like Mario Sunshine is okay because it might fall under then Mario trademark itself. It's the stuff not apart of established franchies that aren't being sold in any form are the problem.

Shouldn't Nintendo be in jeopardy of losing the Geist trademark as well? Any word on that?
 

borghe

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Jun 18, 2004
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is there still a "gamecube" inside of Wii U? I know Wii was based on the GCN core hardware architecture and likewise the Wii U based on the Wii core hardware architecture. I also know that GCN support was removed from the later model Wii but was that mainly to just get rid of the controller ports and memory card slots?

It's always seemed technically possible (without knowing the details) that Nintendo could use Wii-wrappers to distribute Wii (and GCN?) games as downloadable games for Wii U. With the way Wii games operate (each loading their own IOS) you basically only need just enough of a main OS wrapper to support filesystem saving and controller handling as well as sandboxing the app (to prevent WiiU hacking).

Shocked Nintendo hasn't done it yet, especially with as collectible as some of the Wii catalog is getting now (I just saw Rabbids Go Home is pushing near $50 for complete in box used now)
 

drspeedy

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Mar 7, 2011
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is there still a "gamecube" inside of Wii U? I know Wii was based on the GCN core hardware architecture and likewise the Wii U based on the Wii core hardware architecture. I also know that GCN support was removed from the later model Wii but was that mainly to just get rid of the controller ports and memory card slots?

It's always seemed technically possible (without knowing the details) that Nintendo could use Wii-wrappers to distribute Wii (and GCN?) games as downloadable games for Wii U. With the way Wii games operate (each loading their own IOS) you basically only need just enough of a main OS wrapper to support filesystem saving and controller handling as well as sandboxing the app (to prevent WiiU hacking).

Shocked Nintendo hasn't done it yet, especially with as collectible as some of the Wii catalog is getting now (I just saw Rabbids Go Home is pushing near $50 for complete in box used now)


I'd be shocked to see them re-release GC titles (ala REMake Wii) for Wii U, not only because they could make more money by selling them via VC (Someday? Maybe?) but also because we know they can pump out HD remakes in a relatively short amount of time and at a reasonable development cost. And HD remakes sell for $50 MSRP
 

Shaanyboi

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Nov 16, 2012
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Wind Waker HD implied they could port GC games to WiiU. Could a similar process be applied to this? WW was also done in 6 months by a minimal staff.
 

Vinc

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Mar 8, 2014
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The Wii U is quickly becoming my favorite Nintendo console since the N64. If this happens, it may surpass it.
 
R

Rösti

Unconfirmed Member
Super small update, so I don't think it warrants its own thread (yet anyway):

The prosecution history (events that have happened to the filing) currently states the following:

Dec. 17, 2014 TEAS EXTENSION RECEIVED
Source: http://tsdr.uspto.gov/#caseNumber=86017853&caseType=SERIAL_NO&searchType=statusSearch

This is Nintendo's second request of a six-month extension of time to file the Statement of Use, I cannot see it being anything else anyway. The first extension request happened on June 23 this year, as reported earlier. The document for the second extension request isn't up yet on USPTO's site, but ought to be successfully processed tomorrow or sometime next week.

The absolute latest they can file an SOU is on December 31, 2016. I expect to hear something before then.
 
I'n genuinely curious how "Horror" game they'd make it. Most of the last game was creepy and psychological but the only scene that scared me was an optional jump scare. The fact that the rest of the game never relied on jump scares is what made it so particularly terrifying. I wonder with new hardware if they'd invest in making it scarier.
 
R

Rösti

Unconfirmed Member
The third extension request has been submitted to the USPTO, dated May 21, 2015:

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 third 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: 05/21/2015
Signatory's Name: Devon W. Pritchard
Signatory's Position: Senior Vice President, General Counsel
Signatory's Phone: 206-682-8100
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn86017853&docId=ESU20150523151038#docIndex=0&page=1

Remaster announced at E3 perhaps...