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  #37  
Old December 16th, 2022, 01:02 AM
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Re: Patent No. US D536,391

Quote:
Originally Posted by Leaf_It View Post
If you look at the history of Trademark Holders you can see Isak's history.
Under his Filing History you'll find:
Code:
CANCELLATION INSTITUTED NO. 999999 2021-02-2212 PETC T:TTAB Proceeding
This link currently shows a late maintenance date of 2024. Does that mean that Hasbro has to re-attempt a Heroscape relaunch around that time or else risk someone else picking it up? Or does having the kickstarter go out to ?coincidentally? Nov 2022 (the early maintenance date) mean that they could count that and go longer?

Also I see a cancellation proceeding was terminated in February 2022. Was this what pushed the final go-ahead for heroscape relaunch? I thought it was already in the works at the time so maybe the trademark board just didn’t know and then stopped the cancellation proceeding when they found out Hasbro was relaunching it?

Last edited by yamissflash; December 16th, 2022 at 01:09 AM. Reason: Is this thread better placed in Heroscape News?
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  #38  
Old December 16th, 2022, 03:44 AM
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Re: Patent No. US D536,391

Quote:
Originally Posted by yamissflash View Post
Quote:
Originally Posted by Leaf_It View Post
If you look at the history of Trademark Holders you can see Isak's history.
Under his Filing History you'll find:
Code:
CANCELLATION INSTITUTED NO. 999999 2021-02-2212 PETC T:TTAB Proceeding
This link currently shows a late maintenance date of 2024. Does that mean that Hasbro has to re-attempt a Heroscape relaunch around that time or else risk someone else picking it up? Or does having the kickstarter go out to ?coincidentally? Nov 2022 (the early maintenance date) mean that they could count that and go longer?

Also I see a cancellation proceeding was terminated in February 2022. Was this what pushed the final go-ahead for heroscape relaunch? I thought it was already in the works at the time so maybe the trademark board just didn’t know and then stopped the cancellation proceeding when they found out Hasbro was relaunching it?
I believe the "Maintenance Late Fee Date" that you are seeing, is a date where a late fee will be charged to the trademark owner(s) if they do not pay to keep the trademark live, or take some other required action.

Under the Assignments section, you can see a PDF file that shows that Isak was contacted on January 7th of 2021. The file shows an offer was made to acquire the trademark from him. There is another PDF from February 25th of 2022, but when I try to open it, I get errors saying that the file is corrupted, so I don't know what happened there.

If you scroll to the bottom of this page, there is also a status update from February 28th 2022 that says: "The Trademark Trial and Appeal Board has terminated a cancellation proceeding. For further information, see TTABVUE on the Trade". To the best of my limited knowledge, I believe this means that Isak still has a live hold on the Trademark, but that Hasbro also has a pending hold on the Trademark. The original Hasbro registration from 2003 says that it is "Dead/Canceled". Isak filed for the Trademark in 2017, and the site still says that ha has a "live" registration. The newer registration from Hasbro in 2021 is listed as "Pending" instead of "dead" or "live".

I believe this to mean that Isak still holds the Trademark, but that Hasbro is also has a hold on it as well.

Under the section titled "Trademark Parties (Applicants & Owners)" it lists both Isak and Hasbro as owners of the trademark.

Something very interesting to note, on this page, under the first section, just before "Trademark Parties (Applicants & Owners" there is a timeline. The most recent addition to this timeline is on November 1st of 2022, and it reads as "Status: Notice of Allowance (NOA) sent (issued) to the applicant. Applicant must file a Statement of Use or Extension Request within six-" it cuts off at the end, but I would guess that it would be "six months". This appears to be directed at Hasbro, and it requires Hasbro to either, provide documentation of the use of the HEROSCAPE trademark, or file for an extension, in order to keep hold of the trademark. If that is the case, it would explain why Hasbro only has a "pending" ownership of the trademark, while Isak has a "live" ownership.

Disclaimer: I am not a Lawyer. I am making a number of observations, and assumptions, based on the limited knowledge that I have. Do not take my word as any kind of proof of anything.
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