The United States Patent and Trademark Office has denied Sony Computer Entertainment's application to trademark "Let's Play," but the reasoning behind the decision might not be what you think.
"Let's Play" is a popular, ubiquitous phrase often used by gamers and streamers for video playthroughs posted to YouTube or Twitch. It describes an act of, well, playing a game while usually offering your own commentary. However, that's not why Sony's trademark was denied.
Rather, USPTO refused the application on grounds of "likelihood of confusion" with another similarly trademarked term. The official notice of rejection outlines the similarities between Sony's "Let's Play" and the already trademarked "LP Let'z Play," an entertainment service that provides "online and offline opportunities for video game enthusiasts to meet and participate in live video game tournaments and on-demand console gaming." Who knew?
Although Sony's trademark is different in theory (some speculate the company wants to use Let's Plays as part of its PS4 streaming service), the USPTO reasons "it is likely a potential consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant." A full comparison of the marks can be read here.
Sony can still fight the ruling; it'll have six months from the decision's date (December 29th) to address the refusal and provide "evidence as to why the refusal should be withdrawn." Sony has not issued a statement on the subject.
