More hope for Xenoblade in the US

I do not know if you’re going to like it. I do not know if you all will even understand what it means. But here goes.

First off: LINK to US Patent and Trademark Filing on Monado. This is a mark owned by Nintendo that was filed a good while ago. In fact, Nintendo has gone through a good number of hoops with this trademark filing. If you scroll down, you can see the procedural history. The first thing that stood out to me was this:

Current Status: A third request for extension of time to file a Statement of Use has been granted.
Date of Status: 2011-06-15

Yep, that approval just happened today. In short, Nintendo has filed its trademark and has gotten all of its ducks in a row. There is just one filing missing from having the Trademark enter the principle register. They filed their third request for an extension on the 10th, and it was accepted on the 15th of this month. This is a good thing because Nintendo is not letting this mark die. Failure to file an extension = abandonment of the mark.

What does this mean to me the gamer?
First off, there is no similar filing for the name “Xenoblade.” That isn’t to say this cannot happen in the future. It does not mean you can go make a filing in the principle register (for $335 plus attorneys fees) for a trademark on Xenoblade — Nintendo would just laugh at you in court and win because they’ve had prior use of it for over a year now. But this could mean that the game might actually be released as “Monado, Beginning of the World” here in the USA. It might not be, but the door is still open.

Second, a lot of you are probably wondering what a “Statement of Use” is. Believe it or not, it’s actually very simple: the Patent and Trademark office needs to see some use of the mark in commerce (such as advertisements, in stores, etc) before registration for the mark will be complete. So Nintendo is at least keeping the Monado mark alive, and once it is used in commerce it will officially be a part of the principle register with all of the rights etc. that having a trademark allows. Well, that, or Nintendo is enjoying spending the $115 filing fee + attorney fees for each extension just to taunt America.

What else do I need to know?
Just to be debbie downer for a second: anyone needing to file a Statement of Use after after receiving a Notice of Allowance (an acknowledgement by the USPTO that the filant has a “bona-fide good intention to use the mark in commerce” but has not done so yet) may file a maximum of five extensions of time to file a SoU. Each extension is for 6 months. That means Nintendo has a one and a half year window to use Monado in commerce before it abandons the mark by operation of law. So we could be looking at a release as late as December 10, 2012…if at all.

Also, don’t read too much into the big bunch of language under “Goods and Services.” That’s just part of the gamut of language that’s required by Nintendo to cover their bases for how they’re planning on using the mark.

Finally, if you look around the page and at the documents that have been filed you’ll see that ongoing effort is listed as “product or service research or development.” That could mean any number of things, but in the video game universe I’d wager that it is Nintendo’s way of telling the USPTO that the game is still in development. Notice the “or”s.

TL;DR: So there you have it. This is as good of confirmation as you’re going to get that Monado, Beginning of the World/Xenoblade is alive in North America. Of course, that does not necessarily mean that it will be released.

Well that’s really good to hear that the game will come here. I don’t know why people thought they would reveal it at E3; Nintendo will probably reveal it at their next conference in the Fall. At least I probably won’t have to spend an arm and a leg to import from Europe. ^_^

Source: IGN Forums

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About MidnightScott
I am a huge Nintendo fan, but I also own a PS3. I love video games, anime, music, movies, and the internet! The 3DS is really awesome and I'm looking forward to playing more fun and unique games in the future.

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