"VTube, VTuber, VTubing" Trademark Application Dismissed by the US Patent Office [Update]

Applicant filed for the trademark for "factual historical accuracy," has no intention of charging others once application is approved.

NewsDrop has learned that there is an ongoing application for "VTube, VTuber, VTubing" filed as a trademark in the United States Patent and Trademark Office (USPTO).

However, the application has been dismissed as of December 19, 2023. The patent office in its notice to the applicant, the filing was 'incomplete' and 'may only seek to register one mark per application'. The filer, however, can submit a new filing once all requirements are met.

The original story appears below.

Documents obtained by NewsDrop from the USPTO website show that the application was filed March 23 this year by an individual named Vincent Mota, who claimed that he coined the word in 2009. The application describes the terms as a culture currently on the internet, used by popular streaming platform Twitch.

Said trademark is identified in the document as "Entertainment in the nature of live performances by individuals who use virtual avatars with motion tracking or rigging set ups, primarily but not limited to the animation style of anime."

In a miscellaneous statement, Mota shared how he coined the term:

"[...] I had wrote down what the culture of Vtube, Vtuber, and Vtubing would be in a journal entry, including describing the methods of creating such a digital avatar, what the communities would be like, how the performers would act, and so forth.

In 2009 - 2010 I had posted the document online in a web forum during a topic discussion of describing the future of the internet. Since I had posted the term online it had grown in popularity and usage.

Now today people are Vtubers, Vtubing, and Vtube is a whole internet culture of its own. [...]"

He also told the USPTO in writing that he has no intentions of charging others to use the terms which have been adopted by the internet should the application push through:

"[...] I have no intentions of charging others to use my term and I would like to hold the trademark for factual historical accuracy for the term so that people may know its origins. [...]"

USPTO currently shows that the trademark application is live and awaiting examination.

Trivia: Applications filed in the USPTO only apply to the United States of America, but companies can file trademark applications in multiple countries using the World Intellectual Property Organization's (WIPO) Madrid System.

Each trademark can be registered for goods and services indicated in the NICE Classification database published by the WIPO.

Real-World Examples: Examples of worldwide trademarks registered in the Madrid System include "hololive" and "NIJISANJI."
The more important thing: All trademark holders are instructed by law to prove their use of such trademark/s which they own, or else they will lose their rights to it.

Inktober, a popular annual art movement, was trademarked. This matter was contested by a lot of artists who participated in it. The trademark continues to be in active use.

Banner Photo: Dorothe from Pixabay / with additional reporting by Teddy Cambosa