Things haven’t been going too well for Sony Computer Entertainment America’s fairly comedic attempt to trademark the wording “let’s play.” Yet, Sony’s petition isn’t fully dead and buried, as the company has six months to respond to the denial, prompting a reexamination of the issue.
Yet, recent documents published by the United States Patent and Trademark Office, deliver a further blow to the company’s chances to bring the trademark home. We learn that two “Letters of Protest” have been accepted by the office, including evidence that supports the allegation that the trademark is “merely descriptive or generic.”
A letter of protest is a letter sent by a third party bringing forth evidence in support of the refusal of the registration of a trademark. While the senders are not disclosed, the acceptance of the two letters indicates that the USPTO finds that said evidence is relevant to the case.
The examining attorney is requested to consider the evidence presented, and make an independent determination on whether to use it against the registrant’s case.
It’s worth mentioning that accepting a letter of protest is not a legal determination of the registrability of the mark. Accepting the evidence during the ex parte examination process is not mandatory. It basically just brings it to the attention of the examining attorney, who then can make an informed decision.
That said, the evidence brought is indeed quite solid, and you can see it in full in the gallery below.