Nintendo wants to register “It’s On Like Donkey Kong” as a trademark.  Seriously.  The application was filed November 9, 2010.  The phrase is usually declared when one enthusiastically takes on a challenge.  But Nintendo wants to use it to identify goods like optical discs, downloadable programs, and software.

A quick search of the U.S. Patent & Trademark Office’s database reveals that Nintendo of America has 869 trademark applications or registrations.  Some of the more famous ones include the Super Mario Brothers character, the logo for Wii Fit, and even the trade dress of the game controller.  But a trademark for “It’s On Like Donkey Kong”?  I think that’s a bit of a stretch. 

Legally, Nintendo can do it.  But practically, are they going to enforce their trademark?  Am I going to have to respond to my clients receiving Cease & Desist letters for using the phrase?  How are consumers supposed to know whether people using the phrase are referring to Nintendo’s product, or just taking on a task with exhuberance?  They’ve got a lot of work ahead of them, so Nintendo, if you’re out there:  I’m a Trademark Attorney, and I’ll be your hired gun.

Filed under: Trademarks by Yau Jo-Anne Monday, November 15th, 2010