Respawn failed to trademark the name "Machine"

Tags: Respawn Entertainment, Titanfall, Trademark

When Respawn Entertainment registered the name “Titanfall” they also tried to trademark the word “Machine”.

The company failed to complete it.

As we say, the trademark was filed at the same time as “Titanfall”, so it could perfectly be something related with the game or an alternative name for it.

The reasons to reject the registration are basically three:

1. Likelihood of Confusion- Section 2(d) Refusal

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 437628

U.S. Registration No. 4376281 is for the mark MACHINE WORLD applied to the goods of “Computer game programmes downloadable via the Internet; Computer game programs; Computer game software; Computer game software for personal computers and home video game consoles; Computer game software for use on mobile and cellular phones; Computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Downloadable computer game programs; Electronic game software for cellular telephones; Electronic game software for handheld electronic devices; Electronic game software for wireless devices; Interactive game programs; Interactive game software; Interactive multimedia computer game programs; Interactive video game programs; Video and computer game programs; Video game software” in class 9.

The application is for the mark MACHINE applied to the goods of “Video and computer game programs; video games discs; video game software” in class 9.

Conclusion

Because the marks are highly similar in sound, appearance, meaning, and commercial impression, and the goods are identical, confusion is highly likely in this case. Thus, registration must be refused for a likelihood of confusion with the mark in U.S. Registration No. 4376281.

2. Potential Refusals- Likelihood of Confusion

The filing dates of pending U.S. Application Serial Nos. 85173925 and 85521798 precede applicant’s filing date.

In this case, both trademarks are related with videogames too (Machinegames from Zenimax and Machine Zone from Machine Zone, Inc.)

3. Identification:

The wording “video games disc” in the identification of goods should be clarified because it appears to be a typographical error making the syntax incorrect.

Applicant may amend the wording to “video game discs”, if accurate.

Note that bolding, italics, and the like are used only to highlight suggested changes to the original language.

Furthermore, it seems that Respawn tried to register the word “Titan” too, but they stopped the process.

Via | Dualshockers