Nintendo Takes on 'Poké Go' Trademark in Opposition

Video games maker Nintendo has opposed a trademark filed by an Oklahoma-based couple looking to use the name ‘Poké Go’ for clothing.

In July last year, Mark and Michelle Gorell filed the trademark for use in class 25 at the US Patent and Trademark Office (USPTO).

The trademark was published for opposition in December 2016.

Nintendo filed its notice of opposition on Wednesday, April 19, claiming that if the trademark was registered it would be confusingly similar, cause dilution by blurring and tarnishment, and would be deceptive.

The Japan-based company owns a number of ‘Poké’ related trademarks that have been registered since 2000.

These include a variety of ‘Pokémon’ related marks used on clothing and electronics known as its “Poké family”.

Nintendo stated in the notice that because the filing dates and first use of its Poké family of marks predate that of the defendants, “Nintendo’s rights are senior to those of the applicants”.

The video games maker added that the related nature of the goods and similarity between the use and registration of the term ‘Poké Go’ are likely to cause confusion or deception that they are endorsed or approved by Nintendo.

A search of the US trademark register for Nintendo’s Poké family of marks reveals approximately 60 registrations and applications with the Poké prefix.

These include a variety of Pokémon Go related trademarks filed in March 2016, ahead of the game’s release in July of that year.

Nintendo claimed that use of ‘Poké Go’ by the defendant “is likely to cause dilution of the distinctive quality of Poké trademarks by tarnishment and blurring in view of Nintendo’s long and extensive prior use”.