Sony's Attempt to Trademark 'Let's Play' Hits a Snag

It's not that the phrase is too generic in the context of streaming video games; it's just that someone else already has a similar trademark.

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We don't really know Sony's reasoning, but a number of reports indicate that the company is trying to trademark the phrase "Let's Play" in relation to videos of people playing video games. What's causing many to scratch their heads, if not get angry, is that Sony's attempt could be construed as a way to take over legitimate business by applying for the trademark for the generic phrase that business is called—"let's play" has been used to refer people playing video games in countless message board posts, articles, and videos over at least a decade, if not more.

So, why now? We're not sure. Engadget speculates that Sony might be looking to use the phrase as part of an advertising campaign, but the trademark application itself seems to suggest otherwise: "Electronic transmission and streaming of video games via global and local computer networks; streaming of audio, visual, and audiovisual material via global and local computer networks."

In other words, Sony is looking to use "Let's Play" in reference to game streaming. Perhaps it might be renaming some aspect of its PlayStation 4 console—specifically, the console's broadcasting bits. It's also unclear whether Sony will even get this trademark to begin with.

According to the United States Patent and Trademark Office, Sony's request has been denied because it's too confusing to a trademark that already exists: "LP Let'z Play," which is too likely to cause "consumer confusion" that Sony's offering is in some way related to Let'z Play of America's trademark.

"Registrant's services are 'Entertainment services, namely to provide online and offline opportunities for video game enthusiasts to meet and participate in live video game tournaments and on-demand console gaming.' Applicant's services are 'Electronic transmission and streaming of video games via global and local computer networks; streaming of audio, visual, and audiovisual material via global and local computer networks,'" reads the USPTO's response.

Nevertheless, if Sony does find a way to acquire the trademark—which it can do by successfully arguing against the USPTO's refusal within six months—then it's plausible that the company could prevent competitors like Microsoft and Nintendo from using "let's play" in conjunction with any of their game streaming or broadcasting. The bigger question mark is just how this trademark would affect those who don't directly compete with the company, like YouTube streamers, but still use that phrase to describe the same kind of video game streams.