NINTENDO

What this means for you

Registered since 01 Aug 2023. The owner can stop confusingly similar uses in the classes it covers.

Record

Serial number

79344950

Registration number

7123503

Mark type

Stylized text

Filed

11 Apr 2022

Published for opposition

16 May 2023

Registered

01 Aug 2023

Attorney of record

Steven M. Espenshade

Goods and services

• Class 003 — Cosmetics and cleaning preparations: Laundry detergent; laundry soap; soap, namely, bath soap, bar soap, body wash for humans or animals; shampoos; shampoos for pets; non-medicated dentifrices; toothpaste; non-medicated mouth wash and rinse; cosmetics; bath preparations, not for medical purposes; hair spray; mascara; decorative transfers for cosmetic purposes; temporary tattoo transfers for use as cosmetics; cosmetics for children; beauty masks; perfumery; air fragrancing preparations; air fragrance reed diffusers; room fragrances; fragrance sachets; pet fragrances; false nails; false eyelashes; nail art stickers
• Class 005 — Pharmaceuticals: Cough syrups; cough drops; eye drops; antiseptics; first aid kits; adhesive bandages; bandages for dressings; cotton for medical purposes; babies' diapers; powdered milk for babies; nutritional supplements; vitamin supplements; food for babies
• Class 009 — Scientific and electric apparatus: Recorded electronic game programs; downloadable electronic game programs; recorded video game programs; downloadable video game programs; video game cartridges; memory cards for video game machines; cases for smartphones; covers for smartphones; recorded computer game software; downloadable computer game software for use on mobile and cellular phones; downloadable image files containing artwork, text, audio, videos featuring video games; downloadable music files; downloadable electronic publications, namely, e-books featuring fiction stories, booklets, manuals and newsletters in the field of video games; headphones; earphones; batteries
• Class 011 — Environmental control apparatus: Electric lights for Christmas trees; lamps; standard lamps
• Class 014 — Jewelry: Key rings; key chains comprised of split rings with decorative fobs or trinkets; charms for key rings; jewelry boxes; commemorative coins; collectible coins; jewelry; necklaces; bracelets; jewelry charms; earrings; tie pins; rings being jewelry; medals; ornamental lapel pins; shoe jewelry; watches; clocks; watch bands
• Class 016 — Paper goods and printed matter: Office requisites, namely, office binders and file folders; wrapping paper; paper bags and sacks; place mats of paper; coasters of paper; table napkins of paper; tablecloths of paper; paper; stationery; printed notebooks; pen cases; paint boxes for use in schools; writing instruments; pens; pencils; rubber erasers; pencil sharpeners, electric or non-electric; printed postcards; printed greeting cards; stickers; wall decals; printed matter, namely, calendars, children's activities books, magazines and manuals in the field of video games; Printed books in the field of children's entertainment, fiction stories, and video games; printed comic books; printed posters; paintings; photograph stands; paper party decorations
• Class 018 — Leather goods: Clothing for pets; collars for animals; bags, namely, book bags, carry-on bags, shoulder bags, handbags, backpacks, drawstring bags, travel bags, and luggage; school bags; rucksacks; suitcases; credit card cases; purses; wallets; key cases; luggage tags; garment bags for travel; bags for sports; vanity cases, not fitted; umbrellas
• Class 020 — Furniture: Pillows; cushions; packaging containers of plastic; nameplates, not of metal; fans for personal use, non-electric; beds for household pets; furniture; chests for toys; wind chimes; cradles; infant walkers; camping mattresses; picture frames; statues of wood, wax, plaster or plastic
• Class 021 — Housewares and glass: Floss for dental purposes; hair brushes; combs; brushes for washing up; toothbrushes; fitted vanity cases; cosmetic utensils, namely, cosmetic brushes; containers for household or kitchen use; drinking flasks; glass bowls; soup bowls; utensils for kitchen and cleaning purposes, namely, serving spoons, serving forks, and chopsticks; mugs; cups; dishes; plates; paper plates; cookie jars; lunch boxes; drinking bottles for sports; drinking straws; coasters, not of paper or textile; place mats of plastic; tablemats, not of paper or textile; trays for household purposes; waste baskets; coin banks; soap holders; dishes for soap
• Class 024 — Fabrics: Fabrics for textile use; adhesive fabric for application by heat; towels of textile; handkerchiefs of textile; quilts; children's blankets; bed blankets; picnic blankets; throws; fleece blankets; travelling rugs; lap robes; covers for cushions; pillowcases; bed linen; tablemats of textile; table napkins of textile; place mats of textile; coasters of textile; flags of textile or plastic; banners of textile or plastic; blankets for household pets; wall hangings of textile; unfitted fabric furniture covers; bed covers; curtains of textile or plastic; household linen; sleeping bags
• Class 025 — Clothing: Clothing, namely, polo shirts, sweatshirts, parkas, jackets, raincoats, pants, dresses, sweatpants, skirts, and sweaters; shirts; tee-shirts; pajamas; underwear; bathing suits; socks; scarves; neck scarves; ear muffs; gloves; bibs not of paper; hats; caps being headwear; cap peaks; belts for clothing; footwear; sports shoes; sandals; slippers; masquerade costumes; Halloween costumes
• Class 027 — Floor coverings: Carpets for automobiles; mats, namely, bath mats, door mats, and personal exercise mats; textile floor mats for use in the home; carpets; carpets and rugs; rugs; wall hangings, not of textile; wallpaper
• Class 028 — Toys and sporting goods: Games, namely, card games, promotional game cards, puzzles, trading card games; toys, namely, toy balls, toy key chains, toy figures, water toys, plush toys, inflatable toys, party favors in the nature of small toys, toy balloons, toy building blocks, toy vehicle; ride-on toys; ride-on toys and accessories therefor; stuffed toys; dolls; portable games with liquid crystal displays; protective films adapted for screens for portable games; video game machines; controllers for game consoles; hand-held consoles for playing video games; arcade video game machines; board games; playing cards; ornaments for Christmas trees, except lights, candles and confectionery; protective carrying cases specially adapted for handheld video games
• Class 029 — Meats and processed foods: Fruit-based snack food; potato chips; milk products excluding ice cream, ice milk and frozen yogurt; cheese; milk beverages, milk predominating; yogurt; frozen fruits; preserved meats and sausages; canned fish; processed fish; jellies for food; jams; prepared nuts; soups; preparations for making soup
• Class 030 — Staple foods: Tea; tea-based beverages; coffee; coffee-based beverages; cocoa; cocoa-based beverages; pastries; candies; ice cream; cookies; chocolate; popcorn; chewing gum; bread and buns; sandwiches; pizzas; pies; cakes; pancakes; frozen yogurt; crackers; mints for breath freshening; seasonings; ketchup; dressings for salad; cereal preparations, namely, oatmeal, corn flakes, breakfast cereals, and cereal bars; noodles; pasta; pasta sauce; rice
• Class 032 — Light beverages: Soda water; table waters; fruit juice; soft drinks; vegetable juices being beverages; non-alcoholic carbonated beverages; non-alcoholic sparkling fruit juice beverages; non-alcoholic fruit juice beverages; whey beverages
• Class 035 — Advertising and business services: Advertising; public relations; organization of exhibitions for commercial or advertising purposes; demonstration of goods; promotion of goods and services through sponsorship of sports events; marketing services; customer loyalty services and customer club services, for commercial, promotional and/or advertising purposes; marketing, advertising, and promoting the retail goods and services of others through wireless electronic devices; online retail store services for downloadable and pre-recorded music and movies; retail store services featuring games; retail store services featuring virtual game goods, namely, virtual footwear, clothing, headwear, eyewear, bags, art, toys, accessories, digital animated and non-animated designs and characters; retail store services featuring toys
• Class 038 — Telecommunications services: Providing telecommunications connections to a global computer network; communications by computer terminals; computer aided transmission of messages and images; video-on-demand transmission; providing online forums for transmission of messages among computer users; providing an online forum for video games; transmission of greeting cards online; streaming of data; streaming of games and digital media content on the internet; providing information in the field of telecommunications
• Class 041 — Education and entertainment services: Entertainment services, namely, providing non-downloadable images featuring images of characters and scenes from an electronic game via a global computer network and wireless networks; entertainment services, namely, providing non-downloadable prerecorded music and sounds in the field of video games, all on-line via a global computer network; entertainment services, namely, providing temporary use of non-downloadable video games; entertainment services, namely, providing online electronic games; entertainment services, namely, providing on-line, non-downloadable virtual footwear, clothing, headwear, eyewear, bags, art, toys, accessories, digital animated and non-animated designs and characters for use in virtual environments created for entertainment purposes; entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure or entertainment purposes; arranging and conducting of video game events for entertainment purposes; organizing, arranging, and conducting virtual electronic game events; providing information in the field of entertainment; providing non-downloadable online electronic publications, namely, online journals and interactive online blogs featuring user generated or specified content in the field of video games and online publications in the nature of e-books in the field of video games; providing on-line videos featuring video games, not downloadable; providing online music, not downloadable; presentation of live show performances; presentation of musical performances; arranging and conducting of concerts; organization and arrangement of video game events for entertainment purposes; organization and arrangement of entertainment shows and events; providing on-line computer games; organization of electronic game competitions for entertainment purposes; providing amusement arcade services

Owner

• Nintendo of America Inc., WA, US
• Nintendo of America Inc., WA, US
• Nintendo of America Inc., WA, US
• Nintendo Co., Ltd., JP

Prosecution history

• 27 Nov 2023 — FINAL DECISION TRANSACTION PROCESSED BY IB
• 02 Nov 2023 — FINAL DISPOSITION NOTICE SENT TO IB
• 02 Nov 2023 — FINAL DISPOSITION PROCESSED
• 01 Nov 2023 — FINAL DISPOSITION NOTICE CREATED, TO BE SENT TO IB
• 01 Aug 2023 — NOTICE OF REGISTRATION CONFIRMATION EMAILED
• 01 Aug 2023 — REGISTERED-PRINCIPAL REGISTER
• 17 May 2023 — NOTIFICATION PROCESSED BY IB
• 16 May 2023 — OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
• 16 May 2023 — PUBLISHED FOR OPPOSITION
• 02 May 2023 — REFUSAL PROCESSED BY IB
• 26 Apr 2023 — NOTIFICATION OF POSSIBLE OPPOSITION SENT TO IB
• 26 Apr 2023 — NOTICE OF START OF OPPOSITION PERIOD CREATED, TO BE SENT TO IB
• 26 Apr 2023 — NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
• 12 Apr 2023 — APPROVED FOR PUB - PRINCIPAL REGISTER
• 12 Apr 2023 — EXAMINER'S AMENDMENT ENTERED