The legal world of trademarks and rights can be slightly baffling at the best of times, so a Nintendo of America trademark for the NES controller, essentially, is certainly one to raise eyebrows.
The application is most certainly for the design of the iconic controller, with the image above being included. Submitted in March, the application also includes the least romantic description of the controller possible, courtesy of the legal jargon required.
The color(s) red, black and gray is/are claimed as a feature of the mark. The mark consists of a black rectangle. The left side of the rectangle features a black cross outlined in gray and containing four gray outlined arrows and one circle in the center. In the center of the rectangle there are five gray rounded rectangles, one of which contains the words "SELECT" and "START" in red text and another which contains an outline of a rectangle which contains two black oval designs. The right side contains the word "Nintendo" in red text, below which are two gray squares with red circles within the square. Below these squares are the letters "B" and "A" in red text.
We often encourage caution when considering trademarks like this. Sometimes they're put in place to simply cover bases, on other occasions to head off unofficial third-party clones, or in the most interesting cases as a prompt to some kind of product. We'd love for this to be a precursor to a wireless bluetooth version of the controller, for example, but that's fantasy; don't forget, though, that it has been possible in the past to get neat wired SNES 'Classic Controllers' for the Wii from Club Nintendo.
We shall see, but it's good to see old 'NINTENDO SELECT START B A' - as it's referenced in the trademark - back.
Thanks to Benson for the heads up.
[source tmsearch.uspto.gov, via gonintendo.com, nintendon.it]
Comments 56
Nice!
Maybe they needed to renew the trademark lest it fall into public domain because it's been so long since the NES controller was first created? I don't know anything about laws like that though.
This is likely nothing more than renewing what is perhaps the most iconic controller design in video gaming. I don't think Nintendo has any plans to do anything with it other than perhaps stop unofficial accessories being made.
Seeing as they put it on merch (i have a water bottle!!!) I can see why they would keep that trademark current.
Edit: Now that I think about it I would love for Nintendo to make a set of playing cards (trump) that reflect each of their controllers or consoles. A gaming history of Nintendo as you will.
Surely the trademark is so that they can make money from all the phone cases and stuff with the design?
Nintendo's next console revealed to be an EXACT REPLICA of the Nintendo Entertainment System, with which the company will manage to achieve again the kind of market domination it had in the 80's.
You want proof? NX. Just a few letters off NES.
YOU READ IT FIRST HERE, FOLKS.
@Stubborn_Monkey I agree, same specs and everything. This will revolutionize the market.
I wonder if this is just to stop people from selling this on phone cases, t shirts and such.
My affinity for the NES controller design appears to be without end. Interesting story, TW, I'm guessing Big N is sick of folks milking that design for profit. ***RACES TO EBAY TO BUY ANYTHING NES CONTROLLER RELATED WHILE THERE IS STILL TIME***
They are only doing it so they have exclusive access to the image. There is a Nintendo controller themed 3ds after all, and I see them doing similar in the future.
That explains why so many manufacturers could just make NES-style phone covers and stuff without any consequences. Late to the call, but imagine the outrage if someone else did it before Nintendo!
↑↑ ↓↓ ←→←→ B A START
Actually, there are some aftermarket replicas of the old NES controller in the market. I have one, and the only thing different about it is that it doesn't say 'Nintendo' in it. They also make them for USB so that you can play them with emulators gasp.
Maybe the NX will be compatible with all Nintendo controllers. NES controllers can play NES games, SNES controllers can play SNES games, etc.
You gotta love Technical Writing.
They should produce more NES, SNES and N64 controllers. It was great to see new GCN controllers being produced even if they were meant for Smash Bros Wii U.
@Grumblevolcano That thought has me frothing at the mouth. A console that is compatible with all Nintendo controllers? They'd have to make every console's entire library available or at least most of it. That'd be the ultimate console.
This is because it will be one of the default control styles for the new Smartphone games.
The controller will now be a digital version.
@Grumblevolcano That would be awesome, until you find the controllers to be in limited supply and are scalped within minutes.
Something tied into the mobile market me thinks.
"We weren't aware it was still required" Really? What I wasn't aware (and probably most people too) is that Nintendo didn't do it before, with all those t-shirts and stuff profiting from it.
I swear; this is probably just so they can legally stop people using the design on t-shirts, cases for phones, in printed artwork and whatever else, unless they give Nintendo money. Even though it's just an image of a few buttons and stuff in the likeness of an ancient console controller that these people are using, probably an image they actually drew themselves in many cases, and not actually stealing the controller design itself.
Yup; I wouldn't put it past modern day Nintendo that this is just one more way to make a quick and easy buck in the most nefarious and questionable of ways that to me is more an abuse or at least stretching of the law than using it in the way it was really meant.
Edit: It could also be a way of Nintendo making sure that no one can use any images directly that it might create of the NES controller should it make a pictorial version of it for use on its own products, like the 3DS skin, in its mobile games and digital services or something else like. If that is the case you would then expect it to do the same with all of its controllers at some point.
Commie Alert.
Are you aware that Nintendo does not need to make easy buck like for a hundred years? It's more a matter of what's fair, one thing is fair use when there's no profit and another when they use it to do so and even try to copyright something that's was someone else creation.
It's a beautiful design.
Not surprising really. The design of timeless...
I love my NES usb gamepad for Windows and Mac!
Well you never want anyone to steal your designs. Just common business practices.
@Stubborn_Monkey NES-NX Both share N. Let's break the rest of this down.
E is the fifth letter of the alphabet. S is the 19th letter of the alphabet. So
5+19=24. What is the 24th letter of the alphabet? NES RE-RELEASE CONFIRMED!
Isn't it obvious? They're rereleasing various old controllers that you can use on the virtual console! N64 and snes controllers will come later.
I've been very tempted to buy a club Nintendo SNES controller for wii but they're so expensive I wish Nintendo would sell them I would waste alot of money on controllers.
Nintendo does a thing, EVERYONE FREAK OUT
@Zach I wouldn't be surprised. I have seen that image everywhere. On tshirts, wallets, belt buckles heck I have even seen it on condoms.
We know how Nintendo likes to keep their IPs close even if they don't use them. With what they have done with YouTube LPers and rom sites concerning their stuff there I wouldn't be at all surprised if that's why they did this.
@Stubborn_Monkey
That'd be kinda cool, actually.
I got it... It's going to be a NES controller amiibo. So when you NFC it on either the WiiU or 3DS, it brings up a blue screen which makes you have to reset your machine.
@Sabef I'd buy it
It isn't for a new product. The patent protection of the NES is over; a new regular national patent has a term of twenty years from the date of first application. A trademark, however, may remain in effect so long as the mark has secondary meaning and is used in interstate commerce, or is otherwise not abandoned.
This is simply a way to protect their intellectual property.
They need to trademark the design so they can stop people from using it in their ow profit making ventures without paying a license fee.
Best controller ever, right after the SNES one of course.
I don't think its for any new range, they're just trying to protect their property. One of the kids who goes to my son's school has a bag with a NES controller pattern on the side
@Azikira I think your post is trademarked by Konami...
"The color(s) red, black and gray is/are claimed as a feature of the mark."
Those words are stern, almost Biblical in context. This passage needs to be carved onto a stone tablet and locked away in a wooden box covered with gold leaf inlay, preferably modeled after a Zelda chest and adorned with a 24 karat gold triforce!
Nintendo NX controller design confirmed.
A thought just occured to me: My local Game-X-Change has a crap-ton of retro-inspired USB and clone controllers with NES styling. Maybe I should buy some before they get recalled...
this to me screamed out "greed" but come on man now we wont be able to buy those cool t-shirts with the design on it etc
on the other hand they are working on the NX right and a few smartphone games have that old style type buttons(even though they are touch buttons) least the look of it for you to play so what if they going with some similar design with that for NX? ..............ok maybe not but still wtf why now out all these years? -_-
If it's hardware-related, then fine. But if it's for cultural items, I have a problem with that. A 30-year old cultural icon, one that's been thrown into our faces repeatedly, but then we're told we can't own. Culture doesn't work that way. You want mainstream saturation? Then your imagery getting remixed is part of the deal.
NES Controller confirmed for Smash.
@Ninty4thewin I was going to type a witty remark but you sir made me laugh instead XD
Probably so they claim royalties on 3rd party accessories. You can get NES controller pattern skins for all most anything. I had one on my last cell phone, and I have one on my Wii U gamepad. Be sweet if they released a wireless version for WiiU though, even if it was only compatible with NES VC titles...
No more T-Shirts with the NES controller or anything else for that matter now.
Guess I'll have to burn my arcade controller then... NOT!
https://m.flickr.com/photos/30203515@N04/sets/72157629736738048/
@Kirk Not actually stealing the design? Have you seen any NES controller t-shirts and phone cases?
@Vineleaf So Nintendo should let other people make money off of they're patent? What if you were the one who created Mickey Mouse and you copyrighted him, but then since he was so big to the culture of cartoons anyone could make a product of him without your permission with no consequences because of some stupid "culture trumps law" belief.
@NebulaGamer It haven't being sold in years is irrelevant. They haven't attacked anyone or took down any products. All they did was renew a trademark so it wouldn't fall into public domain. Shame on Nintendo. I swear some people don't think before they post.
@Zombo Wow. Way to miss the point. Patents and trademarks aren't remotely the same thing. And no one is saying a creator shouldn't profit from a successful creation. But more than a generation later, when it's a cultural icon? Sorry, but you can't profit from popularity and then try to lock it away.
And Mickey Mouse? Something with an absurd, more-than-a-century of protection? You couldn't have picked a worse example.
@Zombo I mean the actual controller; like making their own third party controllers that look exactly like the NES original.
@Vineleaf My point still stands, it being a generation later and it being a cultural icon is irrelevant.
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