Sony's 'Let's Play' trademark looking dead after second rejection

Attorney Stephen McArthur, who recently filed a letter with the U.S. Patent and Tademark Office to help squish Sony's attempt to trademark the phrase "Let's Play" brings us news that the government agency has once again rejected Sony's registration attempt, in the wake of an initial rejection. 

The company received an initial rejection last month, but that ruling "was in reality just a minor nuisance," McArthur writes; of this newer ruling, "Sony will not be able to overcome this rejection," he says.

The USPTO found that evidence suggests the term "Let's Play" is a generic term in the game industry, and Sony can't trademark it.

Legal experts contacted by Gamasutra didn't think Sony would prevail. Attorney Ross A. Hersemann said, "Trademarks are a legal indication of source and brand, and 'Let's Play' had been colloquially used by gamers in reference to any video game play through, review, or commentary, not just ones affiliated with Sony. Overcoming that common practice will be tough."

Attorney Pete Lewin also offered a breakdown of the problems with Sony's trademark attempt on Gamasutra blogs.