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Microsoft's "Killer Instinct" Trademark Renewal is Denied - "Likelihood of Confusion"


The recent renewal of the trademark ''Killer Instinct'' made by Microsoft in September 2012 has been denied by The United States Patent and Trademark Office (USPTO) because of likelihood of confusion. Trademark 3370331 is a simple word mark ''Killer Instinct'', and it's owned by Fox Television Studios, Inc. The most apparent use of the mark by Fox is that of the Killer Instinct crime drama television series aired in 2005, which is also what is directly referenced. There may be other uses of the mark in Fox's shows.


The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.


Section 2(d) Refusal – Likelihood Of Confusion


Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3370331. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the enclosed registration.

Applicant’s mark is KILLER INSTINCT for “video game software” and “entertainment services, namely, providing online video games.” Registrant’s mark is KILLER INSTINCT for “entertainment services in the nature of a television series featuring drama.”
source: http://tsdr.uspto.gov/documentviewer...20121129134915

Apparently, Rare is hiring new programmers for a new Kinect game, could it be Kinect Instinct?

article edited by STORMS*


It will not be a true Killer Instinct without the title, that is bull. Killer Instinct was made before FOX's show, not cool LOL! :D


Get tough, or die
We should stop showing interest in this game getting a reboot, I mean what else can we do at this point? We all asked, made polls, blow up rare's twitter page, made fan trailers and still no valuable response from the guys who can make it happen. At this point the only solution is to go to E3 2013 Microsoft briefing and start a massive fan protest "WE WANT KILLER INSTINCT." Bash & Boo every game they show case and shout "WE WANT KILLER INSTINCT." Anyone willing to do this hmu because I'm down for this, we'll probably get kicked out tho but our voices will be heard and hopefully acknowledge
So why wasn't Fox's Killer Instinct crime series denied because KI the game already existed before?
Several Possible reasons:
1. the gap in time between 1996 (KI2) and Fox's TV Show (2005) was enough that the USPTO felt there was unlikely to be confusion, whereas Fox's show is only 7 years apart now.
2. Different USPTO examiners had different results.
3. Midway likely wasn't diligently keeping up the KI Trademark or the idea of using it in 2005 whereas Fox may still be licensing out the show via hulu or internationally, resulting in their mark still being in use.

I'd bet on #3. Which still sucks and is stupid, but sigh.