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Who's going to publish a game that can't even use it's own name?

AntikytheraAntikythera Member Posts: 128

In the USA....

they STILL can't get "Darkfall" through the trademark process. Constantly gets rejected by the attorneys.

Filing Date: 2003-08-07

Mark (words only): DARKFALL



Current Status: Further action on the application has been suspended.

2008-03-18 - Report Completed Suspension Check Case Still Suspended



2008-01-18 - TEAS Change Of Correspondence Received



2007-09-06 - Report Completed Suspension Check Case Still Suspended



2007-08-30 - LIE Checked Susp - To Atty For Action



2007-01-05 - Applicant/Correspondence Changes (Non-Responsive) Entered



2006-12-27 - TEAS Response to Office Action Received



2006-12-15 - Report Completed Suspension Check Case Still Suspended



2006-12-12 - Assigned To LIE



2006-08-08 - Assigned To Examiner



2006-05-15 - Report Completed Suspension Check Case Still Suspended



2005-10-19 - Report Completed Suspension Check Case Still Suspended



2005-09-27 - LIE Checked Susp - To Atty For Action



2005-02-23 - Report Completed Suspension Check Case Still Suspended



Comments

  • huxflux2004huxflux2004 Member Posts: 730

    Although I am a big DF troll, I think you are wrong. If you look better you will see that the trademark is live. They have been extending it successfully every six months.

  • KyleranKyleran Member LegendaryPosts: 44,069

    Would help if you posted a link to the original document you drew this from.

     

    "True friends stab you in the front." | Oscar Wilde 

    "I need to finish" - Christian Wolff: The Accountant

    Just trying to live long enough to play a new, released MMORPG, playing New Worlds atm

    Fools find no pleasure in understanding but delight in airing their own opinions. Pvbs 18:2, NIV

    Don't just play games, inhabit virtual worlds™

    "This is the most intelligent, well qualified and articulate response to a post I have ever seen on these forums. It's a shame most people here won't have the attention span to read past the second line." - Anon






  • AntikytheraAntikythera Member Posts: 128
    Originally posted by huxflux2004


    Although I am a big DF troll, I think you are wrong. If you look better you will see that the trademark is live. They have been extending it successfully every six months.



     

    Nope.

    Live does not mean "registered".  Live simply means the application is still live in the system and not dead or abandoned.

    Registration Number: (NOT AVAILABLE)

     

    You get a registration number after you successfully trademark a name. It only has a serial number which all applications have for tracking.

    Serial Number: 78284311

    http://tarr.uspto.gov/

    Heres an example of a successfully registered trademark.


    Word Mark WORLD OF WARCRAFT



    Published for Opposition August 20, 2002
    Registration Number 2877945
    Registration Date August 24, 2004
  • Friction2uFriction2u Member Posts: 293

    This old nugget again? You trolls need newer material.

    image
  • AntikytheraAntikythera Member Posts: 128

    It's an old nugget... but yet it's still not solved even though they plan on launching the game in 2008.

  • markoraosmarkoraos Member Posts: 1,593

    LOLZOR!

    Dark Fall's been already released in 2003! Download your free demo here!

    and it seems Darkfall is Dean Koontz's brainchild too (with a little help from Stephen Laws)

    and maybe if you're lucky Darkfall will have a concert near your town as well!

    ROFLMAO!

  • KyleranKyleran Member LegendaryPosts: 44,069

    Seems like a simple amendment to Dark Fall Online would solve their issue, but I agree, atm it doesn't appear they would be permitted to market the game here in the US under the name Dark Fall at this point.

     

    "True friends stab you in the front." | Oscar Wilde 

    "I need to finish" - Christian Wolff: The Accountant

    Just trying to live long enough to play a new, released MMORPG, playing New Worlds atm

    Fools find no pleasure in understanding but delight in airing their own opinions. Pvbs 18:2, NIV

    Don't just play games, inhabit virtual worlds™

    "This is the most intelligent, well qualified and articulate response to a post I have ever seen on these forums. It's a shame most people here won't have the attention span to read past the second line." - Anon






  • huxflux2004huxflux2004 Member Posts: 730
    Originally posted by Antikythera

    Originally posted by huxflux2004


    Although I am a big DF troll, I think you are wrong. If you look better you will see that the trademark is live. They have been extending it successfully every six months.



     

    Nope.

    Live does not mean "registered".  Live simply means the application is still live in the system and not dead or abandoned.

    Registration Number: (NOT AVAILABLE)

     

    You get a registration number after you successfully trademark a name. It only has a serial number which all applications have for tracking.

    Serial Number: 78284311

    http://tarr.uspto.gov/

    Heres an example of a successfully registered trademark.


    Word Mark WORLD OF WARCRAFT



    Published for Opposition August 20, 2002
    Registration Number 2877945
    Registration Date August 24, 2004

     

    You don't get a number until you actually have a product in the market with that name. Until the game is out, this is what you get. It is normal procedure.

  • sbantingsbanting Member Posts: 238

    lol @ another Darkfall posting, don't you guys have jobs???? lol You should all be P.I.'s.

    image

  • PolarizationPolarization Member Posts: 1,410

    Never fear, here comes World Intellectual Property Organization Man to save the day, Darkfall fans rejoice!

    http://www.wipo.int/ipdl/en/madrid/key.jsp?KEY=811806

  • AntikytheraAntikythera Member Posts: 128
    Originally posted by huxflux2004


     
    You don't get a number until you actually have a product in the market with that name. Until the game is out, this is what you get. It is normal procedure.



     

    WRONG....

    You get a registration number after the trademark attorney approved your application and it has been published for opposition (and no one opposes it)

    You do not need to be using the word mark commercially.

    I should know. I have a trademark and have been through the process a few times.

    They DO NOT have the term "Darkfall" trademarked for the "video game industry" in the United States. The application is suspended by the examining attorney for whatever reasons.... and keeps being suspended after they keep trying to get it through.

    They DO have the mark registered for in the United States a different market / class.

    They have TWO seperate applications. The one listed in this thread is specifically for operating a video game called Darkfall and is the one that keeps getting rejected.

    This below one was approved but is for a different class of goods and has nothing to do with operating a video game called Darkfall. That's why it was approved.

     

    Mark (words only): DARKFALL

    Serial Number: 78284269

    Class Status:

    Pre-recorded video cassettes, DVD's and compact discs featuring movies and videos, cartoons, recorded music and effects, and animated features on a fantasy game theme

    2007-05-15 - Notice of allowance - mailed



    2007-02-20 - Published for opposition



    2007-01-31 - Notice of publication

    ^ That's what happens when you get approved.

     

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

    This is the (important) one that they cannot get through in the USA:

    Mark (words only): DARKFALL

    Serial Number: 78284311



    Current Status: Further action on the application has been suspended.

    Class Status: Computer programs and software for playing fantasy games

    2008-03-18 - Report Completed Suspension Check Case Still Suspended



    2008-01-18 - TEAS Change Of Correspondence Received



    2007-09-06 - Report Completed Suspension Check Case Still Suspended



    2007-08-30 - LIE Checked Susp - To Atty For Action



    2007-01-05 - Applicant/Correspondence Changes (Non-Responsive) Entered



    2006-12-27 - TEAS Response to Office Action Received



    2006-12-15 - Report Completed Suspension Check Case Still Suspended



    2006-12-12 - Assigned To LIE



    2006-08-08 - Assigned To Examiner



    2006-05-15 - Report Completed Suspension Check Case Still Suspended



    2005-10-19 - Report Completed Suspension Check Case Still Suspended

    The reason why they can't get this one approved is because of this:

    http://en.wikipedia.org/wiki/Dark_Fall

     

  • chr1smchr1sm Member Posts: 42

    The name "Darkfall" sucks.. I swear it's the cheeziest name I have ever heard.  It doesn't do the game any justice (or at least the concept of it).  If  the devs have any motivation to improve it's tattered image, changing that godforsaken name would be top priority.  Hopefully this trademark issue will force them to do so.

    The only reason I ever took a look at this game is because I heard about it on a UO forum.  Those who've never heard about or played UO pre-trammel will have a hard time finding interest in this game unless they hear of it from word of mouth or some other means.  But I'm already old(26, thanks Aventurine for making me wait so long) and I don't have that much time to play games like I did in the past.  If the devs want to make money, they need to appeal to the younger highschool-college crowd that never heard of or played UO.  In order to do that they need to offer good substance(which seemingly they do) and good visual product marketing, which needs a rehaul of art/design/name.

    If I saw this game on a shelf and new nothing of it, by looking at the art work and just the name itself, I would automatically think it's the epitomey of cookie cutter bullshit, especially by  looking at more elves and dwarves(elves and dwarves are soo.. 2002ish but they've taken so long to release.  It's almost like wearing a brand new set of clothes from 1985.  Eventhough it's new, the style is still old).

    The only thing about "DarkFall" that holds my interest til this very day is the entire concept and fantasy of it.  Because so far, I have been less than impressed by their website, the artwork, the races, and especially the name.  The Mahirim race is their one and only saving grace that makes them stand out ever so slightly.  Their recently "updated" graphics engine seems pretty standard for today's 2008 market, nothing that particulary pops out and sparks your interest.  It's just that the difference is so significant.  The older graphics looked so ancient, I could blow dust off my computer screen when looking at those screen shots.

  • dirtknap69dirtknap69 Member Posts: 295

    this alone should be enough to convince any reasonable person that Darkfall is well and truly alive and being developed as a product. Having been through the trademarking process myself with a previous company i can assure it's a long and expensive process, especially when there are potential conflicts.

     

    no company would spend the money on the trademark unless it was 100% behind the product.

  • brostynbrostyn Member, Newbie CommonPosts: 3,092
    Originally posted by dirtknap69


    this alone should be enough to convince any reasonable person that Darkfall is well and truly alive and being developed as a product. Having been through the trademarking process myself with a previous company i can assure it's a long and expensive process, especially when there are potential conflicts.
     
    no company would spend the money on the trademark unless it was 100% behind the product.

     

    Ah, that's the catch, my friend. They don't have it trademarked. You're assuming they are spending all this money to get it trademarked.

    I'm going to assume they are putting as much work into the trademark process as actually making a real game.

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