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...Index=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...Index=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.
