It's one of gaming's most iconic sounds, immediately recognisable to millions around the world. When Mario picks up a coin or bashes one out of a block there's a classic two-note jingle. You know the one.
It's used very widely, but not just by Nintendo. It appears in pop culture in videos, podcasts and music, including our own opening clip for YouTube videos, and also in plenty of apps and online games that shouldn't really exist. Nintendo will have been aware of this for some time, and seems to have had enough of its sound being used so widely.
A trademark application has been filed in Japan, a screengrab of which you can see below. If it's accepted and Nintendo tries to trademark the sound globally it'll lead to some interesting scenarios should the company try to takedown or monetise uses of it.
It'll be intriguing to see how this pans out. Nintendo has a right to pursue trademarks, and arguably this isn't on the same level of skullduggery as Sony's failed attempt to trademark the "Let's Play" phrase, but it'd be a shame if Nintendo pursues fans and creators paying homage to Mario and the company's properties. As always with these matters it's a debate with plenty of grey areas.
Let us know what you think of this in the comments™.
With thanks to Benson for the heads up.
[source j-platpat.inpit.go.jp, via nintendoeverything.com, twitter.com]
Comments 68
I wonder if this is like shutting the barn door after the animals have left. I hear too many cash registers and other machines using that sound right now for the trademark to not be challenged. I agree with the concept of this — to prevent people (companies) from profiting from the coin sound, I just wonder if it is too late.
Alternative explanation — With so many people using it, Nintendo wanted to claim the trademark before someone else did and it lost the right to its iconic sound.
Does this mean you can't make a piece of music with this set of notes in it? Or it only means you can't make something that is strictly these notes?
Why stop there? There's also the power-up sound, the power-down sound, the jump sound, etc, etc
I'm fine with this; it's a pretty iconic sound so I think it's fair enough for them to try and trademark it, but I really do hope they don't go after people using it fairly. It's an iconic sign; let people using it for fan projects use it in peace!
I fully understand why nintendo are doing this and fully agree with them, they commissioned for the sound to be made so it's there property and so many rip off games use it, wouldn't be surprised seeing more of these trademarks servicing now mobile games are so popular, how many are blatant rip offs and never challenged yet if a game is released on a console it's challenged.
NO! The Cleveland Indians use the Mario Coin sound every time they score, they have for like 3 year now. They better not take that away from them.
Nintendo refuses to make more FE Fates special editions, which would make them money, but they are willing to do this nonsense. Makes 0 sense.
This is insane! I'm actually against Nintendo on this one. Its not a melody, it's 2 notes!
i suspect it's protest against olney for not mentioning that pun in the youtube comments about the nx being a product from square: the square nx - it connects to the cloud. but really, if they patent it, will they really enforce it? will they even be awarded this patent seeing as how it's in such wide use?
@XCWarrior so meta considering the mariners are owned by nintendo. it's jsut a patent application tho'. enforcement and c&d's are anotehr thing altogether.
Hm, I can understand why they'd do this. However I hope that if this goes through, Nintendo won't aggressively pursue people who basically promote their products (like this website), but instead only forbid others to use it in say, smartphone games and such that are in no way affiliated with Nintendo.
Of all of the things that companies have tried to claim ownership of I think this is one where it's fair enough. There aren't many things that are more "Nintendo" than the sounds of Mario. It's like the wilhelm scream or lightsaber buzz of gaming.
Anytime I receive a text message on my phone, the coin sound from SMB3 plays. It's awesome and people really dig it when they hear.
My boss's message notification on a certain fruity smartphone sounds like multiple coin collection pickups one after the other. Think it's actually built-in to the thing - he doesn't strike me as the type to download something personalised... Think I might start playing the NintendoLife videos loudly in the office just to confuse him
With Nintendo on this one.
I can kinda understand why they would do this, but I honestly think it's a bad idea. I mean sure, they created it, but it seems to be a bit too much.
Don't pull a Finebros. Please.
WHAT WILL HAPPEN TO ALEX'S WEEKLY VIDEO INTRO???
@XCWarrior Dude, understand clearly what the special edition has for a minute...
It has three separate games, an 3DS pouch and an art book. the latter are expensive to produce and therefore is better off being limited.
I do agree that it would be convenient if they make the three games in one available. But since its a limited edition, it makes total sense why they can't reproduce it. Limited editions aren't cheap to produce especially seeing what you're asking for is itself expensive.
As for the trademark, you'd be crazy to say Nintendo shouldn't be doing this and rather focus on Fates seeing as its a work that they produced and they have every right to claim that because they did it with their own instruments.
I'm surprised this doesn't exist yet.
@Spin No, that would be impossible. Those 2 notes in that order are used in music religiously for hundreds of years. It's not Nintendo's.
I'm baffled they didn't do this ages ago, while I think it's odd to do it this many years later, they're fully in the right to do this.
If that's not iconic... nothing is. Still though, can you really claim copyright on what, in essence, is only two notes? You'd think it wouldn't cross the treshold of originality or whatever they call it.
Waiting for the 1Up sound trademark.
Probably should have pursued this earlier, I lost count of the number of times some had the coin sound as a text message alert...
...which I think confirms that Nintendo's going into business of selling us mobile sounds and ringtones soon. XD
That's it, I'm trademarking my sister's yell.
I don't like this, but I get it. Nothing else I can say is of much value here, but I can say I think it sets a bad precedent, but I can understand potential motives for it. I don't want Nintendo to go full-copyright-troll on us, and I fear this could be a step in that direction. I already dislike Apple for the way they've flaunted around copyright law, and I don't want to have to deal with Nintendo pulling that kind of stuff as well.
Edit: I'm aware as well that this is a trademark and not a copyright, but nonetheless, I imagine they'd be used similarly, and a trademark strikes me as essentially just being a super-copyright.
Ech.. Kinda pointless. Yeah, yeah, I know it's theirs, but it's almost halfway to becoming public domain in a few more decades...
Waitaminute!! Why NOT make it public domain?! It's basically a calling card to play a Mario game anyway! Basically free advertising!
@Socar I guess I should have said, "for example."
When Nintendo makes a special edition of anything, I guarantee they are still making a profit on it. Let's say they order 5,000 of them. The PREORDER sells out in hours, like this did or the Majora's Mask n3DS special edition. Guess what? Since it hasn't been released, call those people up, order 5,000 more, then see if this sell out fast. It does? Order 5,000 more.
Nintendo needs to stop caring about something being rare, because in the end the real people who are making the profit are the scalpers. 3,000 of those 5,000 end up on ebay or the like, and the collector's who have jobs and can't just sit on their computer waiting for preoders to go live don't hvae to pay 2x or 3x the original amount to have the SE version.
That's my main point. And well I want to hear a Mario Coin sound every time the Indians score.
@GoomyLife Really? "I want some people making money off it not to be able to, but not the youtubers!" It's all or nothing. So if they do this, bye bye youtubers.
Don't understand why companies want to waste time doing this, honestly hope this falls through just like the stupid trademark Sony tried to get passed.
I thought that it would have been covered as part of their copyrighted IP, especially as it's constantly being used in their games.
I actually hear the sonic ring sound effect way more often out in the world. It's rather surprising how many cash registers use one of those two iconic sound effects.
Eh, I can see why they would do this. It's pretty reasonable, unlike the Fine Bros and their fiasco about a month ago. They should also make the 1-Up sound a trademark.
In the USA a trademark can be filed for phrases and names , and some sounds associated with an IP. Most sounds and music would probably have to go through a publisher for copyright protection. Also if the sound is accepted as a trademark in the USA, its over use in culture or lack of connection to a specific phrase or logo would deem it unprotected so any trademark inforcement my not be held up in court. This filing at least from the article sounds only to apply to Japan with speculation about worldwide protection. So let's not freak out unless we are in Japan using the coin sound for commercial use. Please keep in mind I am speaking from a USA perspective and my own involvement in copyright law.
Wait, they haven't done this yet?
Though at this point, I'm not 100% behind them on this, since this will give Nintendo grounds to take down so many things. And they WILL do it.
@teamshortcut
This is Nintendo you're talking. They feel that fan usage of their property is the bane of their existence.
@XCWarrior Wrong, the editions are now like super rare and it doesn't look like Nintendo will bother ordering more editions.
Whether this is something Nintendo should or shouldn't do is left to the internet. As a professional organisation, they have every right to earn these copyrights because its their own work. They should get royalties at the very least which is something I doubt many small devs can really afford at this point.
From where I work, we had someone who make the exact coin sound effect for our game. We told him to remove it not because to avoid getting sued, but because we know that its not our original work.
Consumers will never understand how professionalism works. When someone use another's trademark for selfish profits/interests and don't give the courtesy that he/she borrowed from the original's work, you will not be accepted as a professional which is why I'm not supporting many Youtubers because of how they claim they are professionals when the exact opposite happens where they "steal" images and other works from someone and use them to get profits without paying any royalties.
Should I feel bad that I thought this was trademarked already? Then again I understand with the advent of youtube everybody rips off of others just because they can.
I think this is tied with Nintendo entering the mobile market. They'll use this to go after derivative mobile games mostly.
I think it's a bit late to try to do this, though it seems fair on the surface.
I get it, but
This is just desperate—because you know its going to use it and abuse it to stop the likes of YouTubers even sampling it on intros to their videos or whatever.
It's sad that Nintendo is at the point it's trying to Trademark a frikin' coin sound.
Seriously, just think about it for a second. . . .
@Spanjard I'm almost 100% sure the trademark only applies to direct copies of those notes, i.e. unless that music is shorter than like 2 seconds, the trademark doesn't apply to it..
I liked the Frog Coin sound more :v
Though will this be for the original one?
I use the NSMBW coin sound for new messages.
Its my new message ringtone on my phone lol
Against Nintendo here. And they're decades late to the point of it being laughably after the fact.
by that logic, Activision should register a gunshot as a trademark because of CoD.
@Socar Dude, I'm not saying what Nintendo WILL do. I'm saying what they SHOULD do. If something sells out, make more. Rareness be damned. Make money at all costs.
There's a reason I suggest for Pokemon Go to have the option to buy whatever Pokemon you want for $1 each, and $5 for legendaries. People will pay, Nintendo will profit.
@rushiosan I think gunshots were invented a while ago.
@XCWarrior Except that's not how Pokemon GO works and that's not how Nintendo makes profit out of Pokemon either. Those willing to spend money instead of playing are very few and not that many are stinking rich to buy every single individual pokemon.
You're saying that for a total of 722 pokemon times 5 at max which leads to like what? 3,610$? That money is enough to pay up half lifetime bills, not worth buying a game for that kind of price.
There is 1% of chance that some one that dumb would pay all that price for just the pokemon alone. Even if each Pokemon isn't 5$ exactly and some are like 1 or 2$, that still doesn't change the fact that its a lot for someone who can't afford games of 150$ which is majority of them.
Nintendo should have every right to claim things that they clearly own. In this manner, they can either turn down projects that can potentially make them losses or they can make money out of them. Damaging original works is a serious crime that people like you consider it a joke. What Nintendo is doing now is obviously going to make them money should people ever use that sound effect.
Honestly, it begs the question why Nintendo didn't do this after finishing Super Mario Bros?
@Socar I don't think too many people would buy all 700+ Pokemon, but they might buy their 10 favorites. So fine, legendaries are just $2, not $5.
But think about it, it's $1 a piece. What's $1... oh what's $1 more... ah just $1 more... oops I bought all 700+ of them!
Can they just copyright people having fun? Because that's where I find this suppose "fun" with Nintendo games the most.
...yea, so their bank can go "Cha-Ching" every time someone uses it..
i don't...
k.
I'm surprised they didn't that sooner. At this point it is/like generalized trademarks.
Isn't the coin sound used by NintendoLife from Super Mario World somewhat different than the Super Mario Bros sound?
@bezerker99 I know what you mean, my text notification is the Mega Man 1UP sound.
A mobile-Mario game confirmed - seriously, I think that's why they're pushing to trademark it now. Many phones use the sound without Nintendo's permission. They want to get a handle on it, so can fully maximize the profitability of the Mario series before releasing a game on that format.
@Shoyruken Wait what happened with the Fine Bros?
meh i can still put the sound on my phone if i want for text message alert or what have you
I'm in support of this, and it's because I feel like a can trust Nintendo to not go after anyone and everyone who uses it. I think this is more of a brand security thing than anything malicious, and I hope the big N proves me right.
@WillTheLion They tried to trademark the term "React"
@WillTheLion They tried to trademark the term "React"
Nintendo need to protect themselves over this iconic sound. It's as Nintendo as Mario himself, I assume this is only to protect themselves against smartphone, PC and console apps/software/games making money from it.
@Tasuki That's definitely cool! My ring tone when I receive a phone call is the Gamecube startup jingle.
In regards to copyrighted coin sound - I think Nintendo is smart to do it.
I bet they are pursuing this because of their future plans with My Nintendo, NX, Mobile, QOL, Theme Parks and all.
I have a feeling they are going to do something where this sound will appear on smart phones and in their theme parks and wherever Nintendo has something people can interact with.
Like for example, if there is a "Nintendo Gym" somewhere and people use its services, they might earn some "Nintendo coins" with it and the sound will appear. Or in the Theme Park when people access the attractions and use their smart phones connected to My Nintendo, the coin sound will appear both in the phone and in whatever system is "scanning" the phone.
Or while doing stuff with the QOL system, if it ever actually becomes a thing, the coin sound happens whenever the QOL has detected something positive and the user has earned a coin.
I bet they are trying to have this sound to be a universal sound for "well-being" and fun. That it would appear somewhat frequently in both people's personal lives and out there in stores and theme parks and wherever else.
I kinda get it if it's all about this kind of future plans but if it's just for the heck of it, then I don't understand this decision at all.
Good luck to "Electronic Super Joy" which uses this sound in the "Endurance" track and which is already on the eshop !!!!
@arronishere Yeah...you're right. Maybe half a year's worth.
If they did this 10-20 years ago, it would make a lot more sense... but now it just seems a bit too late.
@bezerker99 That's is cool my ringtone is the Contra melody when you beat a stage lol.
@happylittlepigs Thank you for letting me know. That's so weird. But I get that it's what they do.
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