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Nintendo files final* Request for Extension of Time to File an SOU for Eternal Darkness trademark

Rösti

Member
Oct 25, 2017
476

Eternal Darkness: Sanity's Requiem was originally released in June of 2002

*Final for this particular filing

On November 05, 2019, Nintendo of America Inc. filed the fifth and final Request for Extension of Time to File a Statement of Use for its trademark application US Serial Number 87274495, Eternal Darkness, originally filed December 20, 2016 in the US via the United States Patent and Trademark Office (USPTO). The request was granted on November 08, 2019.

To the Commissioner for Trademarks:

MARK: ETERNAL DARKNESS (see, https://tmng-al.uspto.gov/resting2/api/img/87274495/large)
SERIAL NUMBER: 87274495

The applicant, Nintendo of America Inc., having an address of
4600 150th Avenue NE
Redmond, Washington 98052
United States
206-682-8100
[email protected] (authorized)
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 05/09/2017.

For International Class 009:
Current identification: Downloadable electronic game programs; downloadable electronic game software; electronic game programs; electronic game software; video game programs; video game software

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization 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/services covered by the extension request: product or service research or development
Source: http://tsdr.uspto.gov/documentviewer?caseId=sn87274495&docId=ESU20191106155005#docIndex=2&page=1

If Nintendo wants the trademark to register, they will need to file a Statement of Use within the next six months or else the application will be abandoned. Should the application be abandoned it is however nothing extraordinary. Two prior trademark applications for Eternal Darkness, US Serial Numbers 77932350 and 86017853 , were abandoned, in 2013 and 2017 respectively, because no Statement of Use or Extension Request timely filed after Notice of Allowance was issued. Little prevents Nintendo from letting the active application become abandoned just to file a new application, as has been norm in the past.

Whether Nintendo has an actual intent to use the mark, Eternal Darkness, in commerce is unknown. Their interest seems more steered towards IP protection. We shall see in the next six months if this story will take an unexpected turn or if we are to expect a new application to be filed.
 

Mobu

The Fallen
Oct 28, 2017
3,404
Could they just release like Eternal Darkness stickers in the nintendo website and be done with it?
 

Semajer

Member
Oct 27, 2017
333
These Eternal Darkness trademark updates are like a sanity effect that never really ends.
 

Kouriozan

Member
Oct 25, 2017
9,137
This is testing our sanity, ED2 is in reality the years of extension but with nothing concrete coming up.
 

mutantmagnet

Member
Oct 28, 2017
8,795
Don't worry guys. I'm sure when Konami ousted Kojima Nintendo secured a deal with him to make the next Eternal Darkness with Del Toro. ;)
 

L Thammy

Spacenoid
Member
Oct 25, 2017
16,678
I swear that they already had a final extension and OP already posted the thread for it.

Eternal Darkness 2 would be cool but I don't know who would make it now. Gameplay-wise just about anyone who can handle AA could probably improve it. Story - the most important part here - would be hard, both because Silicon Knights is defunct and because the key people, if I remember, include a convicted pedophile and that dude who clings to misogynists because he can't handle bad reviews.
 

-shadow-

Member
Oct 25, 2017
4,167
Just release the game already on the Switch. Throw in some HD rumble gimmicks and call it a day. I need this again in my life! :(
 

Tarot Deck

Avenger
Oct 27, 2017
2,993
I think Eternal Darkness aged horribly.

The sanity effects were a novelty back then but that's it. It's barely a scary game.

And you have to finish 3 times to see the true ending.
 

Dekuman

Member
Oct 27, 2017
8,696
They can probably port it as a $15 eshop game but it's probably not worth it. It really depends on the future of the franchise
 

L Thammy

Spacenoid
Member
Oct 25, 2017
16,678
Oh yeah, and for trivia's sake. The director of this game, Denis Dyack, is actually still a member of this forum. Didn't get banned or anything, he just hasn't posted in two years.
 
Nov 8, 2017
4,373
I finally beat this game earlier in the year. It's alright. As a youngin I never noticed how much of a Resident Evil clone it was, in terms of gameplay. It's worth a port, but it's not the kind of game where I'd be like "oh yeah people have to play this!" The idea of the game is a lot better than the execution of the game.
 

Velezcora

Member
Nov 16, 2017
2,619
I just want a bare minimum port so I can play it. My Wii has stopped reading GameCube discs. Could there be any legal stuff standing in the way? I guess it’s probably just a case of Nintendo not seeing a market for it yet
 

diablogg

Member
Oct 31, 2017
740
Whenever I see this thread I get happy if it ever were to be ported or a sequel.

I think Eternal Darkness 2 would work in this day and age, as long as they focused on the right things. Sanity effects were a gimmick. When I think back to what I loved about Eternal Darkness it was the vibes, that magic system and the story. If they focused on those 3 things I think it could be great =)
 

Triscuitable

Member
Oct 27, 2017
2,947
Just fucking port the game to the Switch
The potential brilliance of that is how the Switch, being a handheld console with a standardized user interface, could make use of things like volume sliders, brightness adjustment, friends coming online, etc. in ways that replaying Eternal Darkness in 2019 cannot. The original game worked because CRT TVs had relatively similar displays, but nowadays that's not the case.
 

Eoin

Member
Oct 27, 2017
1,818
Could they just release like Eternal Darkness stickers in the nintendo website and be done with it?
No, the mark specifically protects the use of the Eternal Darkness name for video games. Nothing other than a game release would be considered as use of the mark.
 
Oct 27, 2017
7,192
Peru
Just porting the game would'nt work sadly, the game depended too much on very specific sanity mechanics from that era like classic TV volumen and such. It would need a full remake to work and I'm not sure if Nintendo is willing to invest that amount of money.