darkSpyro

This post kind of refers to my previous topic over the game I was going to make. I was planning on calling it "Fate", but after researching I found that there is already a game series called "Fate" by WildStudios. There's four games, with a trademark only appearing on the first two game logos.

So, if something has a trademark, does that mean you aren't allowed to use that title for your own game?

What I'm more confused about is that this company stopped putting the trademark in after the first two games. Keep in mind, the last game they made was in 2011, so the franchise is basically a "dead" franchise. The first game came out in 2005, 12 years ago. I read that a trademark will "expire" or go "void" after ten years unless it gets registered.

So, since ten years has passed and they haven't made a game in five years using the TM symbol, am I safe to call my game "Fate"?

I just can't think of a good name, and I really liked this one.

Quote: Fireball

This post kind of refers to my previous topic over the game I was going to make. I was planning on calling it "Fate", but after researching I found that there is already a game series called "Fate" by WildStudios. There's four games, with a trademark only appearing on the first two game logos.

So, if something has a trademark, does that mean you aren't allowed to use that title for your own game?

What I'm more confused about is that this company stopped putting the trademark in after the first two games. Keep in mind, the last game they made was in 2011, so the franchise is basically a "dead" franchise. The first game came out in 2005, 12 years ago. I read that a trademark will "expire" or go "void" after ten years unless it gets registered.

So, since ten years has passed and they haven't made a game in five years using the TM symbol, am I safe to call my game "Fate"?

I just can't think of a good name, and I really liked this one.

Y'know, a better place to ask this question is Reddit's /r/LegalAdvice.

As far as I know, possibly, but it's not uncommon for companies to renew a trademark, even if they NEVER use the IP again.

After Prey managed to force Prey of the Gods to change their title, I'd expect anything. This is better consulted on the subreddit mentioned or with an actual lawyer.

okay.


Technically, they don't own the word "Fate" as long as your game isn't too similar to the game "Fate" then you should be okay.

but then again people are stupid and petty and will get mad over anything.

Quote: Sesshomaru75

Fate isn't " basically dead", as they're still making spin-off games, there's an anime, and they're still making other content for it too.

Quote: Iceclaw

Quote: Fireball

What I'm more confused about is that this company stopped putting the trademark in after the first two games. Keep in mind, the last game they made was in 2011, so the franchise is basically a "dead" franchise. The first game came out in 2005, 12 years ago. I read that a trademark will "expire" or go "void" after ten years unless it gets registered.

I dunno anything about trademarks but
They're still making spin off games with Fate, there's a Fate/ Extella sequel that was recently announced and you still have Fate/ Grand Order that's an ongoing thing, plus all of the anime and manga that are based off of said spin offs that are still being made.
How is it a dead franchise in that case?

I think you're thinking of "Fate/" by Type Moon. The OP is referring to Fate by WildTangent. Last I knew, there isn't an anime about this one.

Which yeah.... There's the proof you need that it should relatively ok. There's 2 different series running named Fate already. Though that seems like an argument to change the name.

Fate is a boring name anyway