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Fox has already secured the trademark for a crime drama of the same name.
The United States Patent and Trademark Office has denied Microsoft a “Killer Instinct” trademark as the same has already been secured by FOX for a crime drama the firm is helming.
The USPTO argued that if it were to give Microsoft the trademark, it would confuse consumers who’d think the game being made is related to the crime drama. But alas, didn’t Microsoft owned it first?
This is terrible.
“Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant,” the USPTO said.
This means if Microsoft is developing a new Killer Instinct game, it will be forced to come up with a new title, something we believe would harm the brand. But it also speaks volume to the extent that Rare has changed after Microsoft purchased the developer for upwards $300 million. MS completely revamped the studio into a Kinect-machine, developing titles almost solely for the motion peripheral.
For shame.
