How much does cost a trademark rights from a cancelled game?

Discussion in 'General Gaming' started by pato, Jan 7, 2013.

  1. pato

    pato Resolute Member

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    About a month ago I was interested in acquiring Ubisoft Killing Day trademark rights, i have contacted the person responsible for the trademark and he said that ubisoft might be interested, depending of the offer, offered 2k dollars, since i don´t know how much it costs an trademark for a cancelled game.

    About two days ago he said that ubisoft rejected my offer, he said that if was far away from what they expected, then I've replied asking what amount does ubisoft wants, and I didn´t get a response.

    Anyone know how much does cost an trademark right for a cancelled game?

    Also the trademark is expired in USA, he said it was still alive in Europe.
     
    Last edited: Jan 7, 2013
  2. Yakumo

    Yakumo Pillar of the Community *****

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    You are talking thousands of dollars. I would say about 20'000 or more but then again I know nothing about the rights to dead games.
     
  3. CodeAsm

    CodeAsm ohci_write: Bad offset 30

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    Ow boy, still alive in EU? Good luck. I only hate our trademark and copyright system. Hope for you the best
    (Im no laywer and my statement is based on media, local papers and ppl saying things in my surroundings, im located in NL, it may be worse in US, I dunno)
     
  4. smf

    smf mamedev

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    It will cost whatever they want to charge you. Your $2000 probably won't cover their costs for thinking about whether they would sell it to you.

    It's set to expire in 2017, however you might be able to argue that they have abandoned it. I believe in EU trademark rules it's abandoned after 5 years of non use.

    Why exactly do you want it?

    Trade mark name : KILLING DAY
    Trade mark No : 005689104
    Trade mark basis: CTM
    Date of receipt : 14/02/2007
    Number of results: 1 of 2
    Request an inspection

    --------------------------------------------------------------------------------

    Certified copy of the Registration Certificate

    --------------------------------------------------------------------------------

    | | | |

    --------------------------------------------------------------------------------

    Trade mark
    Help
    Filing date: 14/02/2007
    Date of registration: 06/02/2008
    Expiry Date: 14/02/2017
    Nice Classification: 9, 28, 41 ( Nice classification)
    Trade mark: Individual
    Type of mark: Word
    Acquired distinctiveness: No
    Status of trade mark: Registered ( Glossary)
    Publication of registration
    ( Publication B1 or Publication B2)

    ( History of statuses)
    Filing language: French
    Second language: English
     
  5. pato

    pato Resolute Member

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    its this one, why I want?

    Well I have fall in love with this game, even if was a CG in a millan mall level, which later probably turned into red steel and zombi U, and I pretend to be game designer, it might be weird but for me it seems that ubisoft would never use it, so I wanted to own it and try something with it.
     
  6. CodeAsm

    CodeAsm ohci_write: Bad offset 30

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    its just the name right? or are we talking about the gameconcepts behind the name ?
     
  7. Twimfy

    Twimfy Site Supporter 2015

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    Well I know from experience that Sega expect $500 as admin costs just to begin talking with someone so your $2k won't have even touched the sides with Ubisoft.

    If you're deadly serious and money is no object then contact a lawyer who specialises in this sort of thing and ask them to represent you and approach the company on your behalf with some well laid out objectives as to what you plan to do with the trademark.
     
  8. Legion

    Legion Peppy Member

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    Agree with this - (13 years in the business) - they will ask minimum probably of $20k.
    A lot of companies ask $500 per mail/meeting to pay for their costs to talk to relatively unknown entities

    I just looked at the video.
    Its just a concept video for a FPS game with a interesting character.
    Everything shown in the video can be recreated in Unreal.
    I would not invest in it UNLESS you hoped to capitalize on the slight awareness it has.
    It will also create a bit of a marketing story if you do get it and it goes back into development.
    However be prepared to pay a sizeable fee in dev costs as well.
     
    Last edited: Jan 8, 2013
  9. pato

    pato Resolute Member

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  10. hl718

    hl718 Site Soldier

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    Trademark is not the game IP. If you purchased the trademark, all you would get is the rights to make a game with the same name. And you would have to do something with it. If you didn't, it would be considered abandoned after a certain amount of time.
     
  11. pato

    pato Resolute Member

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    I know, i've forgot to ask the person, but nevermind now

    Its weird, sounds like ubisoft only noticed that the trademark was abandoned because I've told him, he had to investigate the mark to reply me weeks later, and just in the day that they refused my offer, they made a filling for the trademark.

    I wonder if the same thing happened when they trademarked in 2009
     
    Last edited: Jan 14, 2013
  12. retro

    retro Resigned from mod duty 15 March 2018

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    They probably renewed it BECAUSE you're sniffing around! ;)

    IIRC, the absolute minimum you could bid on the Acclaim IP was $5,000. You had to give a deposit of $50,000 to bid. The Extreme G series had a bid of at least $75,000, the Re-volt series at least $40,000 and the Wizards & Warriors series at least $25,000. Remember, those are just the PUBLISHING rights. If you were thinking of buying a game that had been in development, then you'd most likely have to think about the costs so far. Think about how many people worked on a game and for how long.

    If you asked for the trademark, that is all you'd get - no code, no publishing rights.
     
  13. pato

    pato Resolute Member

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    Yup, The probably did because of me, ironic i've said to a friend a month ago

    "I bet that they gonna reject and ressurect this game"

    You mean that i've couldn´t publish their IP right? Otherwise it wouldn´t make sense to buy the name rights for nothing.

    Also those IPs from accailm were from the time they went bankrupt?
     
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