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

Rösti

Rösti

Member
Oct 25, 2017
801
edi1kk2.gif

Two enemies from the 2002 game for Nintendo GameCube.

On November 03, 2017, Nintendo of America Inc. filed a first 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. The request has been granted. A Notice of Allowance for this application was issued on May 09, 2017. An SOU may not be filed more than thirty-six (36) months from when the NOA issued.

ed_requestxokx6.png


Source: http://tsdr.uspto.gov/documentviewer?caseId=sn87274495&docId=ESU20171104160913#docIndex=0&page=1

The story of the Eternal Darkness trademark is quite long (in the US anyway), so far four applications have been filed (and three of them abandoned after time):

US Serial Number 75672853, Eternal Darkness
Filing date: April 1, 1999
Abandonment date: December 19, 2009 (Registration cancelled because registrant did not file an acceptable declaration under Section 8)


US Serial Number 77932350, Eternal Darkness
Filing date: February 10, 2010
Abandonment date: August 19, 2013 (Abandoned because no Statement of Use or Extension Request timely filed after Notice of Allowance was issued)

US Serial Number 86017853, Eternal Darkness
Filing date: July 23, 2013
Abandonment date: February 6, 2017 (Abandoned because no Statement of Use or Extension Request timely filed after Notice of Allowance was issued.)

Active US Serial Number 87274495, Eternal Darkness
Filing date: December 20, 2016
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As you can see, this practice is nothing new and as far as I have been able to collect Nintendo can keep doing this indefinitely as long as they keep paying the fees.

What Nintendo is doing with this IP we can only speculate about, but in prior filings the ongoing effort says "product or service research or development". This could mean they are researching or developing a new, original Eternal Darkness game, an HD remake or a version for Virtual Console. It could also be a simple control measure to try and prevent another party from using the name Eternal Darkness (for game software or something else). We'll see what happens in due time, but I have to say it has been a long journey with this mark.
 

Deleted member 2279

User-requested account closure
Member
Oct 25, 2017
215
"long journey" is right. I wish they'd just drop it if they're not gonna do anything with it at this point, but know that isn't how it works.

I'm just so tired of getting my hopes up, only to hear nothing until the next time they refile. I loved that game so much. ;_;
 
Skittzo

Skittzo

Member
Oct 25, 2017
41,037
My trademark law is rusty, does this mean that they will have to use it by May 2020 or else they lose protection on the Trademark? Or can they file a new SOU indefinitely?
 
Soapbox Killer

Soapbox Killer

Member
Oct 28, 2017
27,159
Trademark extension is the final "Sanity Effect" from the GameCube game. It keeps tricking me into thinking there is hope.
 
Nemesis_

Nemesis_

Member
Oct 27, 2017
1,495
Australia
Wouldn't it be crazy if somehow Retro were working on this, a kind of reimagining or reboot of Eternal Darkness? Would be actually fucking nuts.

I'd settle for a souped up or enhanced port to the Switch. Virtual console or not.......
 
KHlover

KHlover

Banned
Oct 25, 2017
960
Everytime we get some trademark news about ED people get excited. This has gone on for how long now, six years or so? It's not coming lol.
 
-shadow-

-shadow-

One Winged Slayer
Member
Oct 25, 2017
6,110
At this point, they just have to be doing it to stop Dyack from being able to use the name.

Man I hope a sequel :(
 
OP
OP
Rösti

Rösti

Member
Oct 25, 2017
801
skittzo0413 said:
My trademark law is rusty, does this mean that they will have to use it by May 2020 or else they lose protection on the Trademark? Or can they file a new SOU indefinitely?
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You mean if they can file extension requests indefinitely? Well, they can file a total of five extension requests for one particular application. Should that application be abandoned however due to them not filing an SOU within the 36 months timeframe, they can just file a new application as they have for quite some years now.

But yes, until May 2020 (give or take a few weeks) they have to file an SOU for this application.
 
Nikpls

Nikpls

Member
Oct 25, 2017
598
If they're keeping it for anything other than trademark squatting, it's probably for GameCube VC, but just imagine what an E3 bombshell Eternal Darkness 2 would be next year.
 
-shadow-

-shadow-

One Winged Slayer
Member
Oct 25, 2017
6,110
Plumpbiscuit said:
What happened to that fan revival sequel?
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Dyack himself actually worked on this. There was a crowd fund for it, but the goal was way too high and went along with a damning article about Dyack and Silicon Knights final few projects. And instead of making a statement and being clear about the situation, they decided to ride the storm out. Which caused the crowd fund to fail. They addressed the problems after that, decided to do another crowd fund with a lower budget, but the damage was done and the project was temporarily canned.

Supposedly they've been working on it since the new company was a thing, but hell knows what they're doing with it.
 
justiceiro

justiceiro

Banned
Oct 30, 2017
6,664
Does Nintendo does that with franchise in particular because was made in us? Because im pretty sure that they have a lot of dorment franchises that didnt saw a new iteration for decades now.
 
hiryu64

hiryu64

Member
Oct 27, 2017
603
Bleh, at this point, I've written off the possibility of a new ED game. I'd rather be pleasantly surprised at an announcement instead of constantly disappointed.
 
PattonFiend

PattonFiend

Banned
Oct 28, 2017
215
This game was so awesome back in the day. I remember walking around and random body parts just falling off, lol. Or the screaming faces in the floor. Good stuff!! Hope they bring it back!
 
PlanetSmasher

PlanetSmasher

The Abominable Showman
Member
Oct 25, 2017
115,890
I doubt this is anything other than a protective maneuver. Nintendo just wants the power to stop other companies from using the name.

It'd be nice if they made a new one, but I just don't see it happening.
 
PattonFiend

PattonFiend

Banned
Oct 28, 2017
215
Dyack has not said anything in a loooooooong time. What is up with that dude? Quantum Entanglement Entertainment and Shadow of the Eternals?
 

Deleted member 62

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The Almighty Tria

The Almighty Tria

Banned
Oct 27, 2017
6,411
I haven't played the game, but I've seen videos and if it's just a virtual console release, I'm not sure how well the game will have aged. It seems like a product of its time.
 
-shadow-

-shadow-

One Winged Slayer
Member
Oct 25, 2017
6,110
The Almighty Tria said:
I haven't played the game, but I've seen videos and if it's just a virtual console release, I'm not sure how well the game will have aged. It seems like a product of its time.
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Rough around the edges these days, but the game itself is still great. If this were to even come on the VC, despite owning it, I'd be there day one for a new playthrough.
 
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