Ubisoft have confirmed they intentionally allowed the trademarks for Furious 4 lapse.
Releasing a statement to Gamesrader, the publisher not only confirmed the Brothers in Arms: Furious 4 trademarks to be non-functional, but that the lapse was neccessary due to trademark conflictions with the USPTO:
“Initially, Ubisoft submitted the trademarks on behalf of Gearbox with Gearbox and Ubisoft as co-applicants,” said Ubisoft’s legal team according to a representative. “The [United States Patent and Trademark Office] rejected this approach (about 9 months ago), noting Gearbox’s exclusive registrations for all Brothers in Arms trademarks. Given the USPTO choice between abandonment or continued administrative confusion on the matter, we simply opted for administrative abandonment until re-filing becomes necessary. To avoid confusion with the USPTO, Gearbox will be filing its future Brothers in Arms-related trademarks directly and individually.”
With no update on the current state of the title, E3 2012 could spell the future for Brothers in Arms: Furious 4.