From ZI. So basically the same crew that run this place. But at least we can chat about it here.
http://www.zeldainformer.com/news/nintendos-trademark-on-hyrule-warriors-has-been-abandoned
http://www.zeldainformer.com/news/nintendos-trademark-on-hyrule-warriors-has-been-abandoned
Nintendo has lost its trademark for Hyrule Warriors as of May 18, 2016. The US Patent and Trademark Office (USPTO) abandoned the trademark after Nintendo failed to provide an application for the trademark, or proof that the renewal for Hyrule Warriors was pending. Europe and Japan both have disbanded the trademark, though both countries did so earlier this year. Europe surrendered the trademark on November 12, 2015, and Japan retired the trademark on August 25, 2015, but since Japan's title for Hyrule Warriors is Zelda Musou, it is likely this action will not impact the game sales as much in Japan.
While it is unclear what exactly caused Nintendo to lose the trademark, it is clear that the company was given time to respond with an application for the USPTO. On October 20, 2015, an official Suspension Inquiry was sent to Nintendo by the USPTO, and the company was given six months to settle the issue. However, Nintendo neglected to do so, and on March 26, 2015, the trademark attorney suspended the trademark. We do not know how the issue of the abandoned trademark will effect Hyrule Warriors or Hyrule Warriors: Legends within the US and Europe, but we are sure that the issue will be resolved.
Here's all the relevant legal jargon for your reading pleasure:
Abandoned because the applicant failed to respond or filed a late response to an Office action. To view all documents in this file, click on the Trademark Document Retrieval link at the top of this page.
The trademark examining attorney is suspending action on the application for the reason(s) stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
FOREIGN REGISTRATION: Applicant is required to provide a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant’s country of origin that will be in force at the time the United States registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); In re Societe D’Exploitation de la Marque Le Fouquet’s, 67 USPQ2d 1784, 1788-89 (TTAB 2003); TMEP §§1003.04(a)-(b), 1004.01, 1004.01(a). Action on this application is suspended until the USPTO receives a copy of such foreign registration or proof of its renewal. TMEP §§716.02(b), 1003.04(a)-(b), 1004.01(a). If the foreign registration or renewal document is not in English, applicant must provide an English translation. 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §1004.01(b). Further, applicant should notify the trademark examining attorney in the event that the foreign application abandons or the foreign registration is not renewed. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the application to rely on another basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE:
X FOREIGN REGISTRATION: The trademark examining attorney previously suspended action on this application pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant’s country of origin or proof of renewal of the foreign registration.
Applicant must specify the status of the relevant foreign application or registration renewal. TMEP §§716.02(b), 716.05, 1003.04(c); see 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii).
Applicant must respond to this inquiry to avoid abandonment and may do so by (1) stating that the foreign application or renewal is still pending or (2) submitting a true copy, a photocopy, a certification, or a certified copy of the foreign registration or renewal document. TMEP §§716.05, 1003.04(c), 1004.01(a). If the foreign registration or renewal document is not in English, applicant must provide an English translation. 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §1004.01(b).
CIVIL PROCEEDING(S): The trademark examining attorney previously suspended action on this application pending termination of a civil proceeding(s) relevant to the registrability of applicant’s mark.
Applicant must specify the status of the civil proceeding(s). TMEP §§716.02(d), 716.05.
Applicant must respond to this inquiry to avoid abandonment and may do so by (1) providing a statement that the civil proceeding(s) is still pending, (2) specifying that the proceeding has been stayed and the reason for such stay to determine if removal from suspension is appropriate, or (3) specifying that the proceeding(s) has been terminated and providing a copy of any final decision or relevant agreement. See TMEP §716.05.
Nintendo never responded, and thus we are where we are today. Of note, Sony had this happen with The Last Guardian and was able to get the trademark back. It's likely Nintendo will still try to get the trademark back, though this does open the door for others to attempt to get it.
