The EU Court of Justice has officially revoked the EU’s “Vita” trademark, allowing other companies to use the term in their products. Sony has lost its trademark term due to non-use. The term “Vita” can now be used not only for “data carrier devices containing programs”, but also for images and audio.
As pointed out by the Kluwer Trademark Blog last month, the EU court of first instance revoked the trademark after Vieta Audio filed for removal of the trademark in 2011. The company claimed that the “Vita” trademark does not apply to “data carriers, including programs.” Because PS Vita was a handheld game console.
Sony has backed up their trademark with evidence. According to the company, in addition to the ability to play video games, PS Vita can also access the Internet and store images and sounds. Unfortunately for Sony, the evidence was not enough for the Appeals Commission. The governor decided last month to destroy the evidence and revoke the trademark.
According to the court, the main reason is that PS Vita’s ability to act as a data carrier and store images and sounds was secondary to its main purpose of playing video games. In addition, the court argued that the ability of PS Vita to transmit data and store images and sounds is not central to marketing.
The revoked trademark is another nail in the casket of the handheld game console that received the last game this summer. Earlier last month, Sony also removed the ability to use credit cards and PayPal on the PS3 and PS Vita stores. Handheld production officially ended in 2019. The PS Vita store is still open with some PSP games, but Sony says it no longer wants to stay in the handheld console market. Despite some enthusiastic fan calls for the PS Vita 2, Sony’s PlayStation seems to be focused on the console market.
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