Blizzard Entertainment's Overwatch trademarks suspended by US Patent Office

[carnifex2005]

Guess they'll have to find a new name for the game or pay some other company for that trademark. They should just call it Titan for shits and giggles.

http://www.neogaf.com/forum/showthread.php?t=968750

[Deleted]

I would not be surprised if they will end up buying the name

[AeneasBK]

One of the first comments on the neogaf page:

"They could always go back to calling it Titan"

[Mihalik]

I don't have time to read up right now, but it smells patent troll here.

[Hey There Guys its Metro]

So your telling me that they had all that merchandise and gameplay for a game that didn't have a patented name?
I find that very hard to believe.

[Deleted]

ITT people don't know the difference between trademark and patent.

[Gsara]

I don't have time to read up right now, but it smells patent troll here.

Its actually an app for use in paintball and lazer tag. It can also be used for fps games. It basically is used for setting up strategy, attack area's etc to use during team practice and such. This is according to the link anyways.

[brothernads]

This is actually not a big deal. Blizzard will get its trademark registered. Here's why.

Blizzard and the owner of the prior application (Serial No. 86056160) for the Overwatch trademark have agreed to co-exist, allowing both to have the trademark for different, albeit similar, goods & services.

- August 2014 -- the owner of the prior application for Overwatch substantively changed the description of goods and services from

"Downloadable computer game applications via the internet; video game software applications for mobile phones, handheld devices and computers; software for providing communication capabilities among users of video game software applications; software for tracking and positioning users of video game software applications"

to

"Downloadable computer software via the internet for providing communication, tracking and positioning capabilities among users of software applications; software applications for mobile phones, handheld devices and computers for providing communication capabilities among users of software applications; software applications for mobile phones, handheld devices and computers for tracking and positioning users of software applications; software for tracking and positioning users of video game software applications"

The reason for the change? "The amendment is necessary pursuant to a separate co-existence agreement entered into by the applicant and a third- party. The party has indicated an intent to challenge the description of goods/services as originally filed by the applicant, unless the applicant makes the proposed amendment to the category description. The proposed amendment is within the scope of the original filing, and includes discreet language modifications that will prevent customer confusion between the marks."

That "third-party" is undoubtedly Blizzard Entertainment.

The Trademark Office has to issue the suspension letter until the prior application issues as a registered trademark. At that point, the Trademark Office will pick up Blizzard's application, see the above amendment and co-existence agreement, and allow Blizzard's application to issue as a registered trademark.

Blizzard's a sophisticated corporation with a cadre of lawyers - it's not dumb enough to go forward with the marketing blitz for the new game at BlizzCon without having assurance that it will get the trademark registered and its IP protected.

[TheDeeGee]

Maybe they can rename to Baywatch?

[scoobysnacks]

Blizzard will have to try Ovérwatch, Overwátch and Ovérwátch. Failing that, Xxlegolas, Dkarthas or Orcrogue.

[Szazi]

How bout renaming it: The Cancellation of Overwatch?

OT: Just call it Titan or whatever...

[apepi]

How about Abovewatch?

[Scandral]

Some lucky app creators are about to make a lot of money

[brothernads]

An update to my analysis above: it looks like the prior applicant Innovis Labs' amendment to the description of goods & services was rejected by the Trademark Office because it impermissibly broadened the scope of the description. So the applicant is left with the original description, and that's why the suspension letter issued in Blizzard's applications.

However, Innovis filed a new trademark application for Overwatch on October 1st that contains the amended description above. This suggests that its original application will not be prosecuted further (or perhaps expressly abandoned) based upon the co-existence agreement indicated above. My guess is that Innovis won't file a Statement of Use by the Feb. 12 deadline and their application will lapse. That will clear the way for Blizzard's marks to register.

[Tziva]

Blizzard will have to try Ovérwatch, Overwátch and Ovérwátch. Failing that, Xxlegolas, Dkarthas or Orcrogue.

I can't even tell you how much that made me laugh.

Seriously though, as brothernads explained the situation, it's very unlikely they will have to rename anything.

[Deleted]

One of the first comments on the neogaf page:

"They could always go back to calling it Titan"

+1

/10chars

[Mormolyce]

They'll probably get it sorted out, this kind of dispute happens a lot.

If not well, I'm not that attached to the Overwatch name and it's pretty detachable from the IP.

Blizzard will have to try Ovérwatch, Overwátch and Ovérwátch. Failing that, Xxlegolas, Dkarthas or Orcrogue.

It's okay, the patent office allows numericals. Who's keen to play Overwatch_583@hotmail.com!?

[Tenjen]

"In modern warfare, overwatch is the state of one small unit or military vehicle supporting another unit, while they are executing fire and movement tactics. An overwatching, or supporting unit has taken a position where it can observe the terrain ahead, especially likely enemy positions."

[Val the Moofia Boss]

Damn. Maybe I should've bought that Overwatch poster at Blizzcon instead of the Blizzcon poster, because there's a chance that Blizzard would stop printing that specific one (it says OVERWATCH on it). Would be valuable in a few years.

[Super Kami Dende]

Blizzard's a sophisticated corporation with a cadre of lawyers - it's not dumb enough to go forward with the marketing blitz for the new game at BlizzCon without having assurance that it will get the trademark registered and its IP protected.

I'll take "What is Blizzard DOTA for $500".