Nintendo lodges mobile-related Super Mario trade mark

marioJapanese videogame giant Nintendo has lodged a new Australian trade mark application for ‘Super Mario’, covering new ‘communications’ and mobile phone classes that past trade marks for the name have not included.

The new trade mark application – TM number 1552939 – was lodged three weeks ago by Nintendo Co Ltd and Australian legal representative, Davies Collison Cave. It is currently at the status of ‘Indexing Approved’, and is specifically for the term ‘Super Mario’ and an associated text image (pictured).

The application covers only one class of goods and services, namely Class 38 covering such things as ‘communication by cellular phones’, ‘communication by arcade video game machines’, ‘electronic bulletin board services (telecommunication services)’ and ‘providing information on communication by cellular phones’.

Nintendo already holds a similar trade mark for the term ‘Super Mario’ – TM number 1385559 – however, it does not cover anything within Class 38. That trade mark was lodged in 2010 and entered the Australian trade mark register in 2011.

Regarded as being dismissive of developing games for mobile phones, Nintendo showed an acknowledgement of the popularity of smartphone games last week by releasing an ‘App Porting Tool’ for developers to port their mobile games to Nintendo devices.

Click to view a screenshot of the new ‘Super Mario’ trade mark application. Also click to view a screenshot of the 2011 ‘Super Mario’ trade mark page.

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