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Killer Instinct: Microsoft denied trademark renewal

Rebuffed due to "likelihood of confusion" with 2005 TV show

Microsoft's request to renew the Killer Instinct trademark has been denied by the United States Trademark and Patent Office.

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The USPTO rebuffed the request because of "a likelihood of confusion" between the game and a little known TV show of the same name that dates back to 2005.

Killer Instinct was an American crime drama series that originally aired on the Fox Network. The show was broadcast in numerous countries, but only 13 episodes ever aired.

The USPTO said:

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 3370331.

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.

Thus, upon encountering KILLER INSTINCT for "video game software" and "entertainment services, namely, providing online video games" and KILLER INSTINCT for "entertainment services in the nature of a television series featuring drama, "consumers are likely to be confused and mistakenly believe that the respective goods and services emanate from a common source.

Although applicant's mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

Microsoft confirmed that it was planning to renew the Killer Instinct trademark in September.

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