U.S. Patent Office Balks at Nintendo's Wii Remote Trademark Attempt

U.S. Patent Office Balks at Nintendo's Wii Remote Trademark Attempt

December 1, 2008

The United States Patent and Trademark Office has suspended Nintendo's application to trademark the term Wii Remote.

A letter sent by the USPTO to Nintendo last week indicates that the word remote is too commonly used to be trademarked.

Nintendo submitted an official application to trademark Wii Remote in March of this year. The USPTO's letter indicates that it may still be possible for the console manufacturer to trademark the term, but Nintendo would need to "disclaim" any ownership of remote except when used in Wii remote.

If you're wondering why Nintendo doesn't trademark Wiimote, the term commonly - but unofficially - used to describe its Wii controller, that's an interesting question.

As GamePolitics reported in July, Fobis Technologies, a small Florida manufacturer which manufactures a T.V. remote control for children, has owned the trademark to Weemote since 2000. Fobis and Nintendo engaged in discussions regarding Nintendo's potential purchase of the trademark, but the console maker ultimately walked away from those discussions.

Document Dump: USPTO's November 26th suspension notice to Nintendo

Comments

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

I don't see why they don't just patent the term 'Wii'

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

1. You can't patent terms and phrases. You can only trademark them.

2. They already have a trademark on the term Wii.

They are just trying to extend their already existing trademark on Wii to include the phrase Wii Remote.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

You understand what I mean. I just don't see the purpose of extending a trademark to include a phrase when you have already trademarked part of the phrase.

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

"Wii Remote" is the official name of the controller and they want to protect that as well.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

This was a pretty obvious ploy to get control of the word 'remote'.  Everyone calls the Wii remote the 'wiimote', which Nintendo could pretty easily get a trademark for (if they haven't already).

By the way, the Weemote controller (for TVs and DVRs) really is a quality product.  I bought my daughter one early this year and she uses it every day.  It was easy to set up, it's easy on batteries (I haven't had to change them yet) and it has stood up to the usual kid wear and tear.  It's great to give her some control over the TV while still being able to block certain channels.  Any family with small kids should consider getting one.

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Really? You think so? I find it hard to believe that anyone could seriously think they could gain control over such a common word. To me it look like they were simply wanting to trade mark the full phrase "Wii Remote" with no control over the term 'remote' on its own. It looks like the Pantent office simply wants them to clarify that intent before granting the trademark.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

It seems that giving them ownership of 'Wii Remote' would also give them control over 'Remote' - surely that's why the patent office is not granting the trademark.

Not that I'd care either way - in our family we call the remote the 'clicker' LOL.

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Yeah, I suspect that's pretty much why the Patent Office is asking them to make a disclaimer for the word "remote".  It's funny how these lawsuits have catapulted so many companies and products to fame.  Did anyone know about the Weemote BEFORE the Wii?

M. Carusi

Capitol Gaming

http://capitolgaming.blogspot.com

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

"Did anyone know about the Weemote BEFORE the Wii?"

Not me.

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"Game on, brothers and sisters." -Leet Gamer Jargon

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Only if the patent office granted them control over the individual words as well as teh phrase. Since Nintendo already has a trademark on "Wii" the only concern was over the word 'remote'.

But if you read, the Patent office is willing to grant the trademark on "Wii Remote" but not on the term remote itself. I don't think Nintendo had that intent in the first place.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Intent or not, the patent office seems to be of the opinion that granting them a trademark on 'Wii remote' would also confer some sort of legal control over the word 'remote'.  Otherwise they wouldn't be balking at issuing the trademark.

But personally, when it comes to big corporations like Nintendo, I use the opposite of Hanlon's razor: I never attribute to innocence that which can be adequately explained by malice.  So I'm perfectly willing to believe that Nintendo intended to trademark 'remote'.  But that's just me.

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

I think we are in agreement that there is a danger in granting someone control over the term 'remote' whether intentional or not. But we are in disagreement on whether Nintendo had malicious intentions when filing the the application.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

It's so malicious that Nintendo uses remotes and the 360 and PS3 use controllers, amirite?

--- Official Protector of Videoland!

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

I fucking hate it when people say "Wiimote", it makes you sound like a fucking 3 year old.

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Well, if a person admits to playing something called a 'Wii', I think that makes him sound like a three year-old.  And I'm even considering buying one, because although the name will make me feel like a dweeb, at least I'll be able to play games on it (which is not the case with the Xbox360 because the vast majority of its games seem to be built for online play rather than split-screen).

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Ya, the name doesn't appeal to gaming enthusiasts, then again that wasn't their aim. Their aim was for mass appeal, not enthusiast appeal. I liked 'Revolution' better, i remember everyone though 'Wii' was just a joke to throw people off it's real name.

Though the Wii is very fun for shooters, Metroid was great and games like Ghost Squad are good fun too, i like arcade style shoot-em-up-on-rails. Although to be honest I hate that they went for standard definition only and used such weak hardware in favor of making it tiny with a built-in game cube including ports and memory card slots. I would have been much more happy getting rid of the GC hardware and ports in favor of adding more powerful hardware, even if only slightly more powerful enough to get up to the 720p mark.

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I am a signature virus, please copy and paste me into your signature to help me propagate.

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Get over it.  You whine like a three year old.

--- Official Protector of Videoland!

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Nintendo can't trademark this but yet some 30 companies can patent "Waggle and Motion device input" and all can sue Nintendo?

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

My sentiments exactly! 'Hey didn't we develop something vaguely like this some 15-odd years ago?' ... lame, really.

300 Episodes and counting: http://www.orangeloungeradio.com/

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Wii Remote is too generic.

Yet Microsoft Windows isn't?

 

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Microsoft Windows has established secondary meaning. Wii Remote is a purely descriptive phrase -- It's a remote for the Wii. I'm not at all surprised USPTO suspended this.

-- Dan "SWATJester" Rosenthal; Executive Director, http://www.gameslaw.net

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Microsoft Windows has established secondary meaning IN THE 25 YEARS SINCE GETTING A TRADEMARK.  When MS got the trademark, "windows" was a generic term (and still is, if you're referring to, for example, opening a new window).

There's also some evidence that the trademark wouldn't hold up in US courts -- a few years back, MS sued the makers of Lindows for infringement.  Lindows eventually caved and changed their names to Linspire (a brand which is no longer used), BUT it bears noting that MS lost its suit in the US courts.  It fared better in Europe (and possibly South America; my memory's hazy and I can't find a source on that one), and threatened an appeal in the US, and ultimately Lindows backed down under the threat of MS's far superior resources, but it DOES bear noting that the US courts dismissed MS's suit.

As far as I know, "Microsoft Word" is not trademarked, precisely because "word" is such a generic term.

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Linspire didn't cave, as such. They were paid to drop it.

 

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

I don't think they should get this patent.

An xbox controller can refer to any brand of xbox or xbox 360 controllers, including arcade sticks, etc.

It just closes their system that much more, they shouldn't get this, but should change their packaging to 'official wii remote' or something instead of trying to close other devs out.

Re: U.S. Patent Office Balks at Nintendo's Wii Remote Trademark

Nintendo is indeed selling SOME of these on the Virtual Console but not even close to all of them. While i agree in part to his piracy he was filling a market that Nintendo failed to recognize. Maybe someone doesnt want to buy a Wii. maybe they just want a console with 50 - 100 NES games on them?? maybe just maybe?

but no Nintendo wants everyone araba kiralama to buy the Wii. thats their excuse but thats not what copyright is supposed to protect. i am real sure that the makers of 10 yard fight were losing sleep because they were missing out on their $0.00025 worth because they didnt get royalties from this player. *smirk*

my question is, should Super Mario Bros. be banned from public domain forever? isnt 23 years enough time for Nintendo to have made their profits?

If you have followed the Steamboat Willie case regarding Mickey Mouse you can rest in your bed well at night knowing that the MOUSE will still be under copyright law, away from public domain after your great grandchildren are in nursing homes. That is beyond ridiculous dont you think??

Gallagher can araç kiralama say all he wants, but I strongly rent a car believe it's due to his crappy leadership and E3 being a joke. ESA's Board of Directors need to find a way to get out rent a car of this horrid contract with this Bush cronie before there's no one left on the Board.

Btw, I think Atari and Midway will drop out too, but mostly travesti because  these guys have done nothing ttnet vitamin or little and need to start saving costs.

YES.

Now I don't have to get off my ass for the important shit anymore!

Whats next, ordering pizza from Xbox live?

Wait... I think that sounds like a good idea.

But I think voting should MAKE you get off your ass, and see outside or a second while you go vote. I mean, your picking the president of the United States of America for God's Sake... least you can do is drive down there and punch out a card.

GamePolitics ShoutBox

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