MoP Filing From A Trademark Attorney's Point of View

[Berzerkerfury]

Here we are a month away from Blizzcon and many appear to be preparing for a potential inundation of black and white samurai bears or some remnants of their forgotten land. As all of this discussion was derived from the discovery of a trademark filing back in August, I thought it might be appropriate to actually ask an ex-attorney I work with who is knowledgeable in the field of trademark filings as to what this filing actually means and share some insight to coincide with our rampaging speculation.

Essentially all the filing means is that Blizzard has simply filed to preserve the right to use the name "Mists of Panderia" for one or more of the variety of electronic outlets that were listed in the filing and any potentially accompanying contests (giveaways, Mountain Dew sponsored activities, etc.) that Blizzard might have in accordance with the release of whatever this actually is. Just because there are several items listed for use, (discs, mouse pads, etc.) that does not mean they will actually use them, they are just keeping that ability to use these outlets themselves. This is not to say that MoP will not be the next expansion, however, it also means that there is just as likely a chance this could indeed be some sort of one-off game (iPhone, browser based, actual game in a box) or promotional item and Blizzard has simply preserved all forms in which this game could potentially be downloaded, sold, or used. Certainly with the naming of disks, mouse pads, etc. in the filing it looks like expansion filings from the past, but it also looks like every other game they've filed a trademark for.

As there is no mention of this being a comic or the like in the filing, I'm afraid the ideas that this is somehow a written item is out of the question unless it accompanies whatever electronic outlet this is, e.g. a guide. Unless the type of item is listed in the trademark filing, it cannot be used so whatever this is it will definitely be electronic in nature. Maybe Blizzard is looking to target a younger audience with something a little more fuzzy than angry gods and fiery dragons spilling their guts, we'll certainly find out soon. I agree with many of the people who have said that this title is not like the others in terms of describing an event or main antagonist and frankly there has been so much opposition to this title that I doubt Blizzard would use it for an expansion. Why title it "Mists of Panderia" and piss off half your player base when you can have the same exact content and call it "Vengeance of the Gods" or some such and make it sound, well, a little more dangerous as is their pattern.

My guess: Blizzard has another title ready to be filed but will wait until the absolute last minute to have the attorneys file it due to the catastrophe that was the Cataclysm leak. At any rate, I hope this provides a little clarity into what is possible and I will try and follow up on any questions this post might produce.

TL;DR: Hold your horses on MoP being the name of or the actual next expansion.

[Bombkirby]

This is just routine though... if history repeats itself for the third time in a row, MoP is the next expansion. Here's a post I made a while ago with the visual examples of this happening everytime.

---------------------------------

Check out what happened before cata was announced: http://wow.joystiq.com/2009/07/01/bl...for-cataclysm/



See the similarities? http://wow.joystiq.com/2011/08/02/bl...ria-trademark/



And here's Wotlk's trademark reveal too...

http://wow.joystiq.com/2007/08/02/wo...d-by-blizzard/

Also....if MoP isn't the expansion...where's the TM for the next one? It should have been revealed by now. Its getting a little late.

[Masozally]

Hmm then your lawyer friend gave you some bad advice or you just claim to have talked to a lawyer. A company as large and not stupid as Blizzard would never get this close to blizzcon without trademarking the name for an expansion they plan on releasing. While all you people just want to deny because you are hoping its not the truth its time to wake up and smell the coffee. Think about how much work goes into something like a new expansion and since they plan on introducing at blizzcon all the stuff that would need to go to printers and outside companies for the event. Does anyone actually think they are going to wait for the last minute when so many people have access to this kind of knowledge so they can announce something then have the name yanked out from under them cause someone else already trademarked the name. Please people quit whining and look to the future in a good way not always with the negative dont knock something until you have tried it. MOP will be the expansion they have no other trademarks out there and blizzcon is like 3 weeks away.

[Slowpoke is a Gamer]

It has to be Warcraft-related.

Blizz gave no thought to WC4 yet. So any trademark is for WoW.

We have to have the expansion announced this year.

The only WoW trademark out right now is Mists of Pandaria.

Therefor, we can reason that Mists of Pandaria IS the next expansion.

[videotape]

Hmm then your lawyer friend gave you some bad advice or you just claim to have talked to a lawyer. A company as large and not stupid as Blizzard would never get this close to blizzcon without trademarking the name for an expansion they plan on releasing. While all you people just want to deny because you are hoping its not the truth its time to wake up and smell the coffee. Think about how much work goes into something like a new expansion and since they plan on introducing at blizzcon all the stuff that would need to go to printers and outside companies for the event. Does anyone actually think they are going to wait for the last minute when so many people have access to this kind of knowledge so they can announce something then have the name yanked out from under them cause someone else already trademarked the name. Please people quit whining and look to the future in a good way not always with the negative dont knock something until you have tried it. MOP will be the expansion they have no other trademarks out there and blizzcon is like 3 weeks away.

Or they aren't talking about the next expansion at Blizzcon.

[Rankin]

There's also leaks to take into consideration. They'll want the trademarking process started early instead of holding on to the last minute and potentially having a leak screw things up.

[sapit]

Although HIGHLY unlikely, imagine if they MoP was a WC3 expansion?

[Callace]

It has to be Warcraft-related.

Blizz gave no thought to WC4 yet. So any trademark is for WoW.

We have to have the expansion announced this year.

The only WoW trademark out right now is Mists of Pandaria.

Therefor, we can reason that Mists of Pandaria IS the next expansion.

Agreed. It has become totally deducible by this point.

[Masozally]

yeah sure they will just have blizzcon and talk about the new rogue legendaries and diablo 3 for 3 days

[Voolawl]

The only WoW trademark out right now is Mists of Pandaria.

That we know of.

[Masozally]

quit with that as far as we know crap and that we know of its stupid. trademarks have complete public access troll elsewhere.

[Rankin]

That we know of.

Trademarking isn't some super secret system. It's all publicly available information from the USPTO web site.

[Slowpoke is a Gamer]

Trademarking isn't some super secret system. It's all publicly available information USPTO web site.

Mmhm. That is where we found the MoP trademark. But the haters will continue to grasp at straws until Blizzcon when it becomes official.

[Voolawl]

Trademarking isn't some super secret system. It's all publicly available information USPTO web site.

Fair enough. I'm just trying to find an excuse for MoP to not be the next expansion so that all this uproar and speculation over it would have been for nothing. Personally I would find that hilarious. Also because I don't want pandaren or any of the other silly theories about it to come true.

[Slowpoke is a Gamer]

yeah sure they will just have blizzcon and talk about the new rogue legendaries and diablo 3 for 3 days

Mmhm. And they're totally gonna make 4.3 last for 2 years. Or will blizzard for the first time ever NOT announce the expansion at Blizzcon? Maybe E3? Wait, Blizz doesn't go to conventions aside for Gamescon and Blizzcon.

[ElAmigo]

People are still in denial??? Good grief.

[Irisel]

People are still in denial??? Good grief.

Maybe more like wishful thinking. I am happily in denial because not knowing makes me want to know more, and therefore makes it more fun.

[Slowpoke is a Gamer]

Maybe more like wishful thinking. I am happily in denial because not knowing makes me want to know more, and therefore makes it more fun.

Most people in denial tend to want it to not be Pandaria because they think Pandaria is the end of WoW and will quit if it's real.

[Xeraxis]

So glad a random stranger asked his ex-attorney friend about all this so we could finally put it to rest.

[xskarma]

Your point about Blizz waiting till the last possible minute has me wondering though, if that is how they do things, why haven't they done it for Mists of Pandaria or in other words, why haven't they let us know what it is then, if it is not the next expansion?

According to you they should have waited till the last minute before reveal before they file for a trademark, well where is the info they waited for before filing it then?

There is no reveal at the last minute because these things take time and Blizz is not stupid enough to wait and have someone swoop in and claim a title they have been preparing for.