Board game blocks Trenched EU release

By Tom Phillips Published 30 June, 2011

"Trench" trademark already taken.

Double Fine XBLA game Trenched cannot be released in certain parts of Europe because of an old trademark held by abstract board game Trench, Eurogamer has discovered.

The trademark, filed by Portuguese board game designer Rui Alípio Monteiro in 2007, covers both board games and computer games.

Trench, the board game, like Double Fine's Trenched, focuses on military strategy and army ranks and is set in the World War I era.

A trailer on Trench's website features a monochromatic gameplay board, intercut with World War I newsreel footage.

Our sun-kissed colleagues at Eurogamer Portugal contacted creator Monteiro, who confirmed the trademark but had "nothing else to declare". He referred us to the Trench website for anything else we wished to know.

This news could mean a long European delay for Trenched while trademark issues are resolved. Alternatively, Double Fine could re-release the game in Europe under a different name.

Microsoft declined to comment on the story when asked by Eurogamer this morning.

Trenched emerged on schedule in the US last week but failed to appear in Europe. At the time, Microsoft stated the delay was due to "unexpected challenges with distribution".

Eight days on, gamers are still in the dark as to the delay's cause. Earlier rumours of a hampered German release due to the existence of a Nazi salute in the game were hastily quashed by Double Fine on its forum.

Trenched is Brütal Legend developer Double Fine's take on the tower defense genre. It's the latest in a string of downloadable successes, including Costume Quest and Stacking. "A satisfying genre crossover that follows through on what Brutal Legend attempted", Jeffrey Matulef wrote in Eurogamer's 8/10 Trenched review.

Trenched's opening cinematic.

Picture of Tom.

About Tom Phillips

Tom joined Eurogamer in 2010 and has quickly made his mark writing news and columns and coming up with puntastic straplines. Questionable beard. @TomPhillips151 on Twitter.

Read more articles from Tom by visiting the Tom Phillips archive page.

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Comments (59) Latest comment 11 months ago

Comments for this article are now closed, but please feel free to continue chatting on the forum!

  • WinterSnowblind #1 11 months ago

    This isn't quite as bad as Sony's recent silence on certain matters.. but is there a reason Microsoft couldn't have told us this was the reason to begin with? I'm sure most people would have been a lot more understanding knowing this, than just being told "we can't release it due to unexpected challenges".

  • Cronan #2 11 months ago

    Thanks for digging this up Tom, still silence from Double Fine, really fucking irritating.

  • McBradders #3 11 months ago

    Nice reporting.

    I got this on my American account anyway, such a very fine game. You might say... it's a Double Fine game.

  • Munners #4 11 months ago

    Is Mr Langdell on the staff at Monteiro?

  • Ford #5 11 months ago

    Could be a few reasons why they didn't say anything, perhaps they legally couldn't at all, or perhaps for a limited period, perhaps they didn't want to give this other thing any airtime as it would make their case stronger.

  • Octoroc #6 11 months ago

    The Langdell comparison is a bit unfair - this guy's actually made something.

  • UsernamePending #7 11 months ago

    @WinterSnowblind

    I'd have thought it'd be up to Double Fine to let us all know of their own trademark mistakes and not Microsoft.

    I was really up for this game, but I've lost interest now.

  • Frybird #8 11 months ago

    Aren't Trenched and Trench two different words? Last time i checked, they have a different character count.

  • StolenGlory #9 11 months ago

    This shit isn't funny anymore.

  • Ford #10 11 months ago

    On the other hand, at least they didn't wait for it to come out and then sue, like normal patent trolls.

  • TeeHee #11 11 months ago

    Is it wrong that i'm now more interested in boardgame?

  • WinterSnowblind #12 11 months ago

    @Frybird
    Same reason Nintendo couldn't use the name Pocket Monsters in the west. It was too similar to Monsters in my Pocket. Different names and completely different mediums (before Pokemon became card games, toys, etc) but they're similar enough to cause legal disputes.

  • Machetazo #13 11 months ago

    True, Monteiro's not just sitting on a trademark. He just probably covered all bases in 2007, for the future, but the fact that he hasn't yet released anything beyond the board game under that trademark (that I would imagine is fairly specific of what it covers - update the article?) doesn't reflect on any intent of his part to inconvenience others that might want to release anything else with the name.

    The holder was probably mildly taken aback, to have received enquiries from EG Portugal, and could do nothing but direct them to the website, as he did.
    Edited by Machetazo at 30/06/11 @ 11:23

  • the_dudefather #14 11 months ago

    Call it 'Lylat Wars 2'

  • WinterSnowblind #15 11 months ago

    @UsernamePending
    Well, Microsoft are the publishers. I'm not sure who's responsibility it should have been, but I just don't understand the need to keep quiet and frustrate thousands of fans.

  • Irien #16 11 months ago

    @Frybird

    I believe your mech in this game is called a "Trench" which is probably where the trademark hits. In fairness to the boardgame designer, he probably envisaged a video game version (I know I would, if/when designing boardgames) especially with the rise of casual/ipad type gaming. If he let Trenched go ahead, and then wanted to do a game later, chances are *he'd* be on the end of the lawsuit, because of the established game/brand.

    But, I still very much wanna play Trenched (even if it does sound a bit like Toy Soldiers)... and Trench now, too!

  • GamesConnoisseur #17 11 months ago

    So how long?

    Quickly solved if name changed for Europe ie Lylat War for Starfox or too late, as board game/computer game copyright Trench can still sue for breaches even if name changes?

    Question of how much needed to settles? The more airtime, the worse it is and more expensive for DoubleFine and MGS?

    Seem very messy hole to get out of, thing is if not able to resolve soon, might as well write it off, costs vs benefits ratio and lost sales/interest over a prolonged period.

  • Tiger_Walts #18 11 months ago

    Some of the info for the filing is here.

    Video of Trench - Appears to be concept/prototype.


    This particular filing appears to be made in order to protect the 'Trench' name for any possible digital version of the game. So it isn't trademark trollage. DF have just seemed to have tripped on an obscure trademark. The cheapest route would be for DF to just license the name, unless the chap decides to ask too much, in which case DF would either have to use a different name or seek for the filing to be removed on grounds that it isn't being used.

  • Machetazo #19 11 months ago

    As if it matters, I'd have thought the IP owner would be responsible - although, why the publisher wouldn't have had legal do a precautionary sweep to make sure there aren't potential issues, BEFORE things got to this stage, I couldn't imagine.

  • Smoped #20 11 months ago

    I would assume the lack of firm declarations one way or other to be indicative that they are in fact negotiating terms for the use of the name right now.
    Also, @UsernamePending, Microsoft is the publisher, this is their responsibility. Developers develop games, publishers deal with the legalities and practicalities of getting said games to customers. Double Fine shouldn't, and probably couldn't, say anything about a legal situation between Microsoft and Monteiro.

  • Octoroc #21 11 months ago


    Call it Entrenched.

    My fee's in the post.

  • Tiger_Walts #22 11 months ago

    Interestingly, I just realized that the link I posted (twice, why is the EG back end so slow today?) is for a USPTO filing, yet Trenched is for sale in the States. MS/DF must have felt it didn't cover Trenched. There must be another filing in Euroland with a broader scope then.

  • el_pollo_diablo #23 11 months ago

    Just rename it to Stench Trench.

  • UsernamePending #24 11 months ago

    @Smoped Microsoft seems to have picked this up in their certification though; hence why it is out in the US (and Norway?) now. I disagree with your statement over the responsibilities of the developer, who I think should work to the same trademark, legal and certification goals as the publisher.

  • tachometer #25 11 months ago

    I'd go with Frenched

  • Smoped #26 11 months ago

    How do you suppose a developer would handle the trademark and copyright issues for a game that's released globally (more or less)? "Hey Double Fine, it's Microsoft, how ya doin'? You know, I just decided to release that game of yours in every territory known to man, so I hope you've already hired some intellectual property lawyers from Albania to Zimbabwe to make sure it'll be okay. Cos we sure can't be arsed."

  • Byzanite #27 11 months ago

    Yes, because we all know the hugely popular international board game called Trench!
    This would be doing Monteiro a favour.

  • scuffpuppies #28 11 months ago

    @WinterSnowblind

    It's actually the publishers responsibility to check for regional copyright infringement.

  • agparrot #29 11 months ago

    Just rename it to Edged.

  • sonicyoda #30 11 months ago

    Now they're gonna have to call it:

    A Large Ditch Carved Into The Ground So Soldiers Can Hide In It..ed

  • redael #31 11 months ago

    So glad I cracked and bought it yesterday via US account after a week of waiting and lack of communication from MS and DF.

  • Smoped #32 11 months ago

    And just FYI from http://www.trenchedgame.com : "Trenched is ™ and © 2011, Microsoft Corporation."

  • Aradiel #33 11 months ago

    I wish that, when a company decides on a name for their game, they would actually check to see if it infringes on any trademarks. It must be frustrating for them to not be able to release the game yet, but that would go away with a little bit of research.
    Edited by Aradiel at 30/06/11 @ 12:16

  • Empedocles #34 11 months ago

    Board game looks really interesting - wonder if you can but it yet?

  • neilka #35 11 months ago

    Coming soon to XBLA Europe: SUPER ROBOT EXPLOSIONS 3000

  • Freek #36 11 months ago

    Wow, so they only checked if the trademark already existed a couple of days before the game was supposed to be released?? That seems rather dumb.

  • Smoped #37 11 months ago

    I think they probably filed for trademark a good while ago, but that application was recently contested by Monteiro.

  • agparrot #38 11 months ago

    Ironically, all those dry, mealy-mouthed, non-gamer business suit types that Tim railed against in his joyful and enjoyable little rant against Bobby Kotick and his ilk, would really have come in handy here!

  • agparrot #39 11 months ago

    I want to change my naming suggestion to Tredged.

    There, kind of works.

  • Ford #40 11 months ago

    First Maddie, now this!

  • Killface #41 11 months ago

    Trencheded

  • kangarootoo #42 11 months ago

    "Is Mr Langdell on the staff at Monteiro"

    Given that in this case the trademark refers to a current and actual board game that was first released so recently as 2007, the comparison hardly stands.

  • Sunyavadin #43 11 months ago

    I'd suggest "Trénchéd"

  • TeeHee #44 11 months ago

    Rename it "Giant robot warriors of justice take on manchild and legions of unspeakable evil"

    Kinda has a nice ring to it

  • Daeltaja #45 11 months ago

    Trenched/Trence? Different name, no? Really? This is incredibly silly.

  • lolercopter #46 11 months ago

    "Trincheira" is Portuguese for "trench". Call it that Schafer, and laugh on his face. While you try to pronounce it. :p

  • darkmorgado #47 11 months ago

    Trenched/Trence? Different name, no? Really? This is incredibly silly.

    It's not just the name though, it's also the concept - both involve soldiers fighting in WW1, both involve strategy and tactics.

    DF/MS should just change the name to be honest, not sure what harm it would do them. Games have their name changed for different regions all the bloody time.

  • mahogany #48 11 months ago

    Particularly weird as there is an iPhone game called Trenches that hasn't seemed to have any problems. If Trenched violates the Trench trademark surely that should too...

  • chrisjm #49 11 months ago

    It would be a different name if they were releasing a different product but its too similar.
    just like cola and coler are different words, try releasing a product called coca coler

  • IronCladChicken #50 11 months ago

    Can you tradmark an existing word?
    Could I TM 'bugger'? 'Easter'? 'Computer'?

    I'm pretty sure the word 'Trench' existed prior to 2007 - Though my memories not that great & I may be wrong.

  • jiveguy #51 11 months ago

    Could I release a brand of nappies called Coca Coler?

  • arcam #52 11 months ago

    [link url=http://en.wikipedia.org/wiki/Trademark_distinctiveness
    ]http://en.wikipedia.org/wiki/Trademark_d...[/link]

  • yoomazir #53 11 months ago

    I guess Monteiro want some cash, things are bad in Portugal

  • Corletha #54 11 months ago

    Trenched isn't set during world war 1 - it takes place in a fictional 1926 where mechs are fighting television monsters. To be completely honest if there is a trademark problem with this board game, then it's a bit of farce.

    I grabbed it last week on my US account twinned with my paypal. Glad I did because this game is boss in co-op.

  • nevernow #55 11 months ago

    I don't want to troll or start a discussion on IP laws, but is a 2007 trademark really "old"?

  • zabou #56 11 months ago

    Apparently Mr. Monteiro created a board game in 2009 and registered the name TRENCH in 2009 in Europe and in Jun 2010 in US (not 2007 as said here). Since nobody said anything against it, it was approved in March 2011 for US,
    [link url=http://www.trademarkia.com/trench-85066103.html
    ]http://www.trademarkia.com/trench-850661...[/link]

    He introduced his board game to the professional traders this year at the TOY FAIR 2011 in Nuremberg with some success (I suppose it’s an honest amount of time to release something especially for a small company as they seem to be).
    [link url=http://www.criacoesasolo.com/?p=530
    ]http://www.criacoesasolo.com/?p=530
    [/link]

    What seems to have happened is that Microsoft/DF created a video game, decided to call it TRENCHED, announced it all over the world for the 22th of June 2011, but filled only on May 2011 to register the name, and when they finally discovered that they couldn’t use it, they decided to send it out just in US with the name “TRENCHED” (they probably think that the Portuguese won’t get them there) and are trying to find a solution for the European market.
    [link url=http://www.trademarkia.com/trenched-85320298.html
    ]http://www.trademarkia.com/trenched-8532...[/link]

    To me it looks like Mr. Monteiro followed all the logical and legal procedures in the right order which is probably not the case for Microsoft/DF, and maybe that’s why they have been lying about the reason why they could not launch it in Europe on time.
    Let’s see now how this will end. Will David defeat Goliath again, or will it be like Homer Simpsons VS. Bill Gates. Personally I will buy that “famous” board game ASAP.
    [link url=http://videosift.com/video/Bill-Gates-Buys-Homer-Out
    ]http://videosift.com/video/Bill-Gates-Bu...[/link]


  • 32768Colours #57 11 months ago

    Looking on boardgamegeek.com there's about a dozen boardgames with the name Trench in their title, all of which seem far closer thematically to the boardgame in question than Double Fine's game.

    I don't really know much about trademarks and the like, but it seems strange that there are other boardgames with "Trench" in the title and they've gone unchallenged but a videogame game has not. Not suggesting its wrong, more that it seems inconsistent, particularly when the boardgames probably pose more direct competition than a XBLA game.

  • Phishfood #58 11 months ago

    So does the trademark owner have to explicitly block this or is there something written in the law that stipulates it cannot have a similar name?

  • layleeloo #59 11 months ago

    A) isn't the same trademark so what's the problem and B) I can image the comments here from the Xbots if this happened to Sony.