Driver Madness

It seems that the trademark "Driver: The Recruit" was suspended by the United States Patent and Trademark Office due to it being similiar to "C.O.P. The Recruit".

Here it is:

PRIOR PENDING APPLICATION



Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), the examining attorney encloses information regarding pending Application Serial no. 77740826. There may be a likelihood of confusion between the applicant’s mark and the mark noted above under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant’s filing date. If the earlier filed application matures into a registration, the examining attorney may refuse registration in this case under Section 2(d). 37 C.F.R. Section 2.83; TMEP §§1207.01 et seq..



In a likelihood of confusion determination, the marks are compared for similarities in their appearance, sound, meaning or connotation and commercial impression. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b). Similarity in any one of these elements may be sufficient to find a likelihood of confusion. In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); In re Lamson Oil Co., 6 USPQ2d 1041, 1043 (TTAB 1987); see TMEP §1207.01(b).



Applicant seeks to register the mark “DRIVER: THE RECRUIT.” The prior pending application is for the mark “C.O.P. THE RECRUIT.” The marks are highly similar in spelling, appearance and pronunciation.



Applicant’s goods are described as “Game software and electronic game programs, namely, software games recorded on CD-ROM and digital video discs for computers; software games recorded on CD-ROMs, digital video discs, and cartridges for console and individual, portable gaming systems; software games that are downloadable from a remote computer site and electronic game software for mobile phones, personal digital assistants, and handheld computers.” Application Serial No. 77740826 is for “Game software and electronic game programs, namely, software games recorded on CD-ROM and digital video discs for computers; software games recorded on CD-ROMs, digital video discs, and cartridges for console and individual, portable gaming systems; software games that are downloadable from a remote computer site and electronic game software for mobile phones, personal digital assistants, and handheld computers.” These goods are identical and thus, are of a type that could be expected to come from the same source.



If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to the issue. The election to file or not to file a response to this issue at this time in no way limits the applicant’s right to address this issue at a later point.

http://tmportal.uspto.gov/external/PA_1 ... 0-Jul-2009

Oh, that is NOT good. If they register "DrIVer" instead, then we have some serious problems.

Nah, they can simply tell then that even both games has similiar names (Driver and C.O.P.), they are different and it will not affect both games at all (There's something like this written in the USPTO entry for Driver: The Recruit). Plus, they can simply call it Tom Clancy's Driver.

Uh, doesn't "Driver" sound nothing like "C.O.P." and wouldn't you expect the exact opposite out of them? I don't like those ":Whatever" that follow the title anyway, since it doesn't tell you anything. Sounds about as smart as a tagline!

C.O.P. has some Driver-like elements in it (driving-based game, the New York map in it is similiar to Parallel Lines' NY...).

I'm not sure but I think this is a mistake on uspto's behalf.
Since Ubisoft publish both games no one would care if the names are so similar.

I think there request was declined because uspto thought both titles were registered by different companies.

Or Ubisoft were thinking of launching COP under a familiarname they had writes to; changed their minds and gave the patent office stick about its similarity with COP, causing them to decline D:TR

I thought that Driver TR is COP TR, just the name was changed from DRIVER to COP.

So, I dont really see why it's a worry, the new Driver will probably be called Driver 4 now instead.

emmetmcl wrote:I thought that Driver TR is COP TR, just the name was changed from DRIVER to COP.

So, I dont really see why it's a worry, the new Driver will probably be called Driver 4 now instead.

That's a problem then.

Chris, tbh I doubt they give a shite as you ain't doing out negative to their sales, also D4 kinda fails; Driver: Get Tanner!

Driver of DOOM wrote:Chris, tbh I doubt they give a shite as you ain't doing out negative to their sales, also D4 kinda fails; Driver: Get Tanner!

Remember what Coyote said? I WOULD BE SCREWED!

Hmm, i'm pretty sure Coyote just likes getting on peoples titts, i'd ignore him and if the worst happens, you can blame me!

Driver of DOOM wrote:Hmm, i'm pretty sure Coyote just likes getting on peoples titts, i'd ignore him and if the worst happens, you can blame me!

No, Coyote was telling the truth. I got an e-mail from Ubisoft last night. They want to sue. I'm serious. Someone from GTA forums ratted me out.

Destroy all evidence of the game and have everyone uninstall it and all that.

T.K. wrote:Destroy all evidence of the game and have everyone uninstall it and all that.

No, I will let it stay illegal. Let's just hope we don't get caught with it.

Can you send me a copy of the email?

bb_42001 wrote:Can you send me a copy of the email?

Same.

Same as well please.

Same, plz?

LM*O people. I had talked to someone from GTA forums, it appears they sent the e-mail, so its fake. I blocked the sender, so hopefully it will not happen again. It gave me a good scare though.