Fallout TV Show – Bethesda tries to keep its Trademark Alive 

 October 18, 2016

By  Trademark Ninja


Fallout TV Show

I’m reluctant to post anything to do with Fallout or Bethesda after the last post I did turned out to be a hoax application, which resulted in even more hoax applications.

That being said, a new Fan Made Fallout TV Show, Fallout Revelation was announced this year at San Diego Comic Con, and there are now 2 of 3 teaser trailers released.

My understanding (and I could easily be wrong) was that Bethesda was not involved in this and has no affiliation with it

And then the plot thickens:

Fallout TV Show Trademark 2013

Bethesda already HAS a trademark for ‘Fallout’ for TV shows. The application was filed on January 18th 2013

Here’s the details (Click to Enlarge):

Fallout TV Show Details 2013

SO, why has it applied for an identical trademark in 2016 (click to enlarge)?

Fallout Trademark Application 2016

Well, because when you file a trademark application with the US Trademark Office you have a swear a declaration of intention to use the mark, if you aren’t already using it for the class of goods or services. Then you have to show that you are using it within 6 months. That period can be extended, but only up to 5 times. And Bethesda are out of time. (Click to enlarge)

Fallout TV Show Extension Of Time

So they have to show they have used it by 26th November 2016….and clearly the haven’t, so they can’t.

So they appear to be applying again, which will allow them notionally start again, and start the clock again.

It’s a bit cynical in my view

I’m not an expert on US trademark law as I’m based in Ireland and spend most of my time on EU and Irish trademarks, but can some US based Trademark Attorney look into this and let me know if this is possible, permissible? Surely you can’t file on an intention to use basis, then when your 5 periods of extension are up, just file again? What happens if someone files for fallout between now and 26 November? Or before the next application is considered?

Any US Trademark Attorneys want to take up the running on this?


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Trademark Ninja

I'm A Ninja. You know, Ninja Stars, Ninja Nunchucks, all that sort of good stuff. I'm dispensing truth and justice Ninja Style.....in a very civilised and non-litigious kind of way. Unless you make the Ninja angry, then KARATE-CHOP! Fine, fine. I'm not a Ninja. I'm Brian Conroy, Trademark Agent and Solicitor in Dublin Ireland. Find me (in non Ninja form) at www.brianconroy.com

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