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The trademark for Horizon Zero Dawn: The Frozen Wilds has been suspended

R

Rösti

Unconfirmed Member


The conflicting marks. A potential likelihood of confusion, should the right mark register, is mentioned in the office action.

This happened last month but I didn't see it until now. On September 18, 2017, US Serial Number 87484513, Horizon Zero Dawn: The Frozen Wilds was met with a suspension notice due to a pending application (Frozen Wild by Huuuge Global Limited) precedes the filing date of Sony’s application.

SUSPENSION NOTICE: NO RESPONSE NEEDED

ISSUE/MAILING DATE
: 9/18/2017


The trademark examining attorney is suspending action on the application for the reason(s) stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.

The effective filing date of the pending application(s) identified below precedes the filing date of applicant’s application. If the mark in the referenced application(s) registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the earlier-filed referenced application(s) is either registered or abandoned. 37 C.F.R. §2.83(c). A copy of information relevant to this referenced application(s) is attached.

- Application Serial No(s). 87466907

The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based. TMEP §§716.04, 716.05. Applicant will be notified when suspension is no longer appropriate. See TMEP §716.04.

No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.uspto.gov/rsi/rsi.
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn87484513&docId=SUL20170918085737#docIndex=1&page=1

Huuuge Games develops mobile free-to-play casino games. Huuuge's application was published for opposition on October 17, 2017.

Sony may respond by arguing that there is no likelihood of confusion between the marks.
 

RedHill

Banned
Jun 4, 2016
1,950
0
0
One's on the App Store and the other is on the PlayStation store? How could anyone ever tell the two apart?
 

vincenth69

Member
Nov 24, 2013
307
0
0
One is a subtitle, attached to an already validated title, the other is not.
One is multiple, the other is not.
It should be enough to see that, even though it is possible that there could be some problems differentiating, there is elso enough to do it from a trademark viewpoint.
 

Alienous

Member
Jan 20, 2013
35,718
0
0
Horizon
Horizon: Zero Dawn
Horizon: Zero Dawn: The Frozen Wilds
Horizon: Zero Dawn: The Frozen Wilds: Coldlands
 
Aug 12, 2015
1,557
0
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One is a subtitle, attached to an already validated title, the other is not.
One is multiple, the other is not.
It should be enough to see that, even though it is possible that there could be some problems differentiating, there is elso enough to do it from a trademark viewpoint.
So let’s say Microsoft comes out with the the “Microsoft GameCube”. Is that not likely to confuse?

Sony is very possibly fucked on this one, and rightfully so.
 

DieH@rd

Banned
Dec 9, 2006
35,047
1
0
Horizon Zero Dawn: The Frozen Blashyrkh
Horizon Zero Dawn: Grim and Frostbitten Wilds

/fires up Immortal's "Withstand the Fall of Time"
 

Eusis

Member
Apr 15, 2011
36,667
1
615
Well, I guess mobile games really are killing our console games.

I imagine Sony would work out a deal. Or just rename, but they probably invested more in the logo alone than Huuuge did the game.
 

JP

Member
Mar 7, 2010
6,737
169
0
They should change the name to Horizon: The Sultan's Palace. There couldn't possibly be any issues with that name.
 
Feb 25, 2017
1,082
0
230
Horizon: Zero Dawn: The Frozen Wilds: Coldlands: Operation Chill
Horizon: Zero Dawn: The Frozen Wilds: Coldlands: The Cold World
Horizon: Zero Dawn: The Frozen Wilds: Coldlands: Operation Chill: New Frost: The King of Ice: Return of The Snow Swan