Dear Mr. Vande Sande,
Thank you for manage our American trademarks.
Please lend your aid to us.
We want to ask your opinion whether our trademark ”PUZZLE BOBBLE” have registrability and usable in America.
Would you please answer our question free of charge about your filed ”PUZZLE BOBBLE”(Serial No.76714909)?
1.The process
The Japanese trademark of our puzzle game is ”PUZZLE BOBBLE”.
As for us, we believe the game is well-known worldwide.
Please see below HP.
http://en.wikipedia.org/wiki/Puzzle_bobble
http://tap.taito.com/ja/lpb.html
However, " PUZZLE BOBBLE " is sold by trademark "BUST ―A― MOVE" in America.
Because the name of "BUST ―A― MOVE" have a popularity in North America .
Please see below HP.
http://www.mobygames.com/game-group/bust-a-move-series
http://www.mobygames.com/game/bust-a-move
Therefore we have registered trademark "BUST ―A― MOVE" in America(Please see attached “trademark gazette”).
Formerly, we had registered trademark " PUZZLE BOBBLE " in America(Please see attached “trademark gazette”).
Because we sold downloadable game " PUZZLE BOBBLE " for mobile phones in America.
But sale of " PUZZLE BOBBLE" in America was closed now.
Owing to non-use trademark in America, " PUZZLE BOBBLE" was re-filed by based Japanese trademark registration(Please see attached “trademark gazette”).
However we decided to sell downloadable game for mobile phone by named " PUZZLE BOBBLE" in America again.
We wish to obtain trademark right " PUZZLE BOBBLE" at least international class 9 in America.
As a result of search for register the trademark " PUZZLE BOBBLE", the following problems were found.
2.The point at issue
(1)Trademark search results
We found attached references.
We are concerned whether ”puzzleball” is pronounced similar to “PUZZLE BOBBLE” and specified goods “puzzle” is similar to “downloadable game for mobile phones”.
However we do not worry about described above because it has low risk.
(2)Google search result
There is a period we have not used "PUZZLE BOBBLE" in America.
Therefore we concern about existent following game sites.
Because third party use " PUZZLE BOBBLE" or pronounced similar to “PUZZLE BOBBLE” related game in America.
If they have priority of bona-fide use, priority of right is given to them.
http://www.ebaumsworld.com/games/play/83315667/
http://sourceforge.net/projects/puzzlebobble3d/files/
http://www.kongregate.com/games/coolspot501/puzzle-bubble
http://android.lisisoft.com/android-apps/bust-a-move-puzzle-bobble-.html
Is there good chance of success to object to our trademark serial No.76714909 by above mentioned third party?
For your information, we made “Chronological order in America”(Please see attached.).
However we do not clear accurately about third party's release day.
3.Question
Can we use " PUZZLE BOBBLE " safely and register as trademark in America?
Since third party has imitated our game, therefore we believe that we are only fair rightful claimant.
4.The deadline for your answer
This matter is very urgent.
Please inform us about your conclusion by February 11, 2014.
If you need any further information, please do not hesitate to contact us.
We would appreciate your kindness cooperation.
Best regards,