PS4 Exclusive Deep Down's US Trademark Granted Extension; There's Still Hope For a Western Release

By Giuseppe Nelva

August 1, 2014

Today we got a brand new screenshot of the upcoming PS4 Exclusive Free to Play RPG Deep Down, together with the notice that any info about the public beta for Japan have been delayed for the fourth time to an undisclosed date this month.

While Capcom still hasn’t given any official information about a western release of the game we get a new signal that not all hope is lost, and the intention to bring it to the west does exist. The trademark “Deep Down” was registered with the US Patent and Database Office on July 23rd, 2013, but hasn’t used the mark commercially yet, as the game hasn’t been released.

Six months after the registration of a trademark the USPTO sends registrants a notice of allowance demanding a statement of use including evidence that the trademark is indeed being used in commerce. At that point the registrant can either provide said evidence, request an extension of the time to send the statement (also paying $150 per trademark class), or do nothing, in which case the trademark will be abandoned after further six months.

The extension request is a “sworn statement that the applicant still has a bona fide intention to use the mark in commerce, but needs additional time actually to use the mark.”

Those that are waiting for the game can breathe easier, as today the USPTO has disclosed that Capcom has indeed sent said request two days ago in response to the notice of allowance received on February 11th, and the request has been approved today, granting the publisher another six months to demonstrate that the trademark is going to be used.

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The process has to be repeated every six months for a maximum of five times, which means that before February 2015 we’re going to get another update on whether the intention to use the trademark in the west remains or not, provided that the Capcom doesn’t make an announcement earlier.

Unfortunately it’s unlikely that Capcom will announce anything of note at Gamescom, as the publisher won’t take part in the prominent European show at all. We’ll probably have to wait until Tokyo Game Show in September to hear something new, but at the very least not all hope is lost.

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Giuseppe Nelva

Hailing from sunny (not as much as people think) Italy and long standing gamer since the age of Mattel Intellivision and Sinclair ZX Spectrum. Definitely a multi-platform gamer, he still holds the old dear PC nearest to his heart, while not disregarding any console on the market. RPGs (of any nationality) and MMORPGs are his daily bread, but he enjoys almost every other genre, prominently racing simulators, action and sandbox games. He is also one of the few surviving fans of the flight simulator genre on Earth.

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