With HBO’s hit adaptation of George R.R. Martin’s A Song of Fire and Ice drawing to a close, Game of Thrones has a trademark portfolio and enforcement budget to match its cultural status.
Trademark Portfolio
We’ll just look at HBO’s US portfolio, headed by in-house counsel Judy McCool. At the time of writing, HBO has just over four hundred and fifty active applications and registrations in its entire portfolio, and more than seventy relate to Game of Thrones – about 15% of HBO’s entire US portfolio.
The title Game of Thrones or variations account for just over half of the total filings, and cover everything from DVDs to spinoff games to slot machines, clothing, action figures, watches, food and booze, and even swords. The rest of the filings are scattered between character-specific marks like KHALEESHI for makeup and HODOR for clothing to plot-driven marks like THE LONG NIGHT and WINTER is coming. There are also a handful of more random filings like HAND OF THE QUEEN for alcoholic beverages and clearly the strangest, MILK OF THE POPPY for clothing and mugs (!).
Enforcement Efforts at the TTAB
HBO’s Trademark Trial and Appeal Board enforcement team, led by Tamara Carmichael of Olshan, also has its hands full. It has taken extensions of time to oppose or opposed dozens of applications by third parties, most related to the Game of Thrones title itself.
- 7 ongoing extensions
- 15 withdrawn applications
- 10 defaults after opposition (most were unrepresented foreign applicants)
- 1 registration cancelled
- 2 amended applications
- 2 did not oppose
Three of HBO’s applications were also opposed or subject to extensions; filings for GAME OF THRONES went through to registration, while HBO dropped applications for DROGON and THREE EYED RAVEN for alcoholic beverages.
| Yr | Mark | Ser. No. or TTAB No. | Company | Outcome |
| 2019 | H & HODOR | 87622127 | Shang Hai Fei Win Wu Liu You Xian Gong Si | New extension |
| 2019 | DINNER IS COMING | 88020149 | Mohammad Said | New extension |
| 2019 | GAME OF CONES | 88101606 | Beauty Bakerie Cosmetics Brand, Inc. | New extension |
| 2019 | QUEEN OF THRONES | 91246195 | Sanas Health Practice Ltd. | Amended to Queen of the Thrones |
| 2019 | PETER COUTURE | 88027937 | Peter Couture | New extension |
| 2019 | GAME OF PWNS | 88149316 and 88149338 | Daniel Alotta | New extension |
| 2018 | GAME OF KINGS | 91244837 | IGG Singapore Pte. Ltd. | Consented extensions |
| 2018 | KALESIAH | 87957584 | Kaleesiah LLC | Second extension |
| 2018 | KELISI | 88086223 | QKZ Design | Did not oppose |
| 2018 | GAME OF THORNS | 91244050 | The Trustees of the Rancho Santa Ana Botanic Garden. | Withdrawal of applications |
| 2018 | DRACARYS | 92069511 | Hangzhou Wanray Imp. &Exp. Co. Ltd. | Registration cancelled |
| 2018 | HOLDOOR | 87783126 | Foshan Handu Technology Co., Ltd. | Did not oppose |
| 2018 | DRACARYS | 91242953 | Ultra Pro International, LLC | Suspended |
| 2018 | WINTER IS COMING | 91242291 | Purple Wine Company | Default |
| 2018 | CON OF THRONES | 91241541 | Mischief Management, LLC | Withdrawal of application |
| 2018 | NIGHTKING | 91240578 | Yiwu Chuangyue E-commerce Co., Ltd. | Default |
| 2018 | GAME OF ROOMS | 91240453 | Andrew Ma | Amended to A Game of Rooms |
| 2018 | SLOT OF THRONES | 91240418 | Huuuge Global Limited | Default |
| 2018 | GAME OF SEASONS | 91239948 | Nikki Wooldridge dba Game of Seasons | Withdrawal of application |
| 2018 | NIGHTKING | 91239295 | Shenzhen Dakang Shengshi Technology Co., Ltd. | Default |
| 2018 | GAME OF STEAM | 87578468 and 87578871 | SmartCreo, Inc. | Registered |
| 2017 | GAME OF DRONES | 87287627 | Scott Billups | Withdrawal of application |
| 2017 | PURGE OF THRONES | 91234829 | Conglomerate Media LLC | Withdrawal of application |
| 2017 | GAME OF HOMES | 91233917 | Kevin Kemble | Default |
| 2017 | GAME OF TONES | 91232701 | Rare Earth Dynamics, Inc. | Default |
| 2016 | GAME OF STONERS | 91230051 | Game of Stoners dba Paper Street Capital LLC | Default |
| 2016 | GAME OF CLONES | 86936627 | David Persing | Withdrawal of application |
| 2016 | GAME OF DRONES | 91228977 | Kismet Media Group | Default |
| 2016 | GAME OF CRAYONS | 86875064 | Scott Severance | Registered |
| 2016 | GAME OF POND | 86849459 | Steven Crosby, Jr. | Withdrawal of application |
| 2016 | GAME OF MONARCHS | 91227362 | B&B Biz Corp. | Opposition withdrawn; no SOU filed |
| 2016 | GAME OF TROLLS | 91227002 | Dreamworks Animation L.L.C. | Default |
| 2016 | GAMETHRONE | 91226315 | Steiger Dynamics LLC | Withdrawal of application |
| 2016 | GAME OF PHONES | 86691920 | Game of Phones, LLC | Withdrawal of application |
| 2015 | LEAGUE OF THRONES | 91223921 | Zachary Capp and Jonathan Goldsmith | Withdrawal of application |
| 2015 | GAME OF STONES | 86594692 | Andrew Howarth | Withdrawal of application |
| 2015 | GAME OF WAR | 86521836 | Machine Zone, Inc. | Registered |
| 2015 | GAME OF DRONES | 91222199 | Ballistic UAV, Inc. | Withdrawal of application |
| 2015 | THREE-EYED RAVEN | 91221878 | Opposed by Franciscan Vineyards, Inc. (vs. HBO) | Withdrawal of application by HBO |
| 2015 | GAME OF THRONES | 86500697 and 86309080 | Extensions by Fantasy Flight Publishing, Inc. (vs. HBO) | Registered by HBO |
| 2015 | GAME OF HOMES | 86287086 | Scripps Networks, LLC | Withdrawal of application |
| 2015 | ERA OF THRONES | 86345522 | Ravcorp Limited | Withdrawal of application |
| 2014 | GAME OF ARMS | 86253454 | AMC Film Holdings LLC | Withdrawal of application |
| 2014 | CLASH OF THRONES | 91215210 | 337 Technology Limited | Default |
| 2013 | DROGON | 85936732 | Desnoes & Deddes Limited (vs. HBO) | Withdrawal of application by HBO |
| 2012 | – | |||
| 2011 | – |
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