Less than two months ago, news broke that Nintendo had filed a patent lawsuit against Pocketpair, creators of Palworld. The gaming world was abuzz trying to figure out exactly what type of patent they were claiming. It was discerned that the “Pokeball” mechanism was at issue. As this case makes its way through courts, a new Nintendo trademark dispute has emerged.

This time, the intellectual property at issue is a game called Pikmin, which was released in 2001. Since then, Nintendo’s Pikmin has garnered several sequels and spinoffs, including a mobile game. Then on Halloween day 2024, an e-commerce company with a minimal online footprint got the scare of its life when Nintendo filed a trademark opposition against them involving Pikmin. 

Since the e-commerce company isn’t in the gaming sphere, though, does Nintendo really have a case?

Nintendo Trademark Dispute Targets Little-Known Company

On January 24, 2024, a company listed as Xiamen Tuomeixun E-commerce Co., Ltd. filed a trademark application for “Pikminton.” It sought exclusive use of the term in relation to a trademark class that primarily covers sporting goods such as baseballs, skateboards, and fishing hooks.

Clearly, Nintendo isn’t in the business of sports. However, the Nintendo trademark for Pikmin doesn’t just exist in the digital playspace. Nintendo has several trademark filings related to the game in a variety of trademark classes. In reality, it’s probable that the gaming giant could push back against any use of “Pikmin” on products that it hasn’t officially licensed.

However, the term is somewhat different — and could a little-known company with only one application at the U.S. Patent and Trademark Office (USPTO) really confuse consumers over the Nintendo trademark? Nintendo seems to think so.

Notice of Opposition Seeks End of Alleged Misuse

Nintendo’s filing claims that consumers would likely be confused if the USPTO granted trademark rights to Xiamen Tuomeixun E-commerce Co. for “Pikminton.” They point out how similar the term is to “Pikmin,” which Nintendo clearly has extensive rights over. In fact, the company has at least four filings — including one expansion on “Pikmin” (i.e., Pikmin Bloom).

Further defense of the Nintendo trademark claims that there has been no bona fide use in commerce – even though the application for Pikminton claims a first use date of November 15, 2023. A quick internet search of the word “Pikminton” returns very few results, and there appear to be no products in these results. In fact, nearly half of the results of this trademark search only link to websites about the trademark application.

This doesn’t necessarily mean that the term has not been used in commerce, but Nintendo doesn’t believe it has. And when combined with a potential likelihood of confusion, the gaming company may have a strong case.

What Happens Next?

The important thing to understand about trademark law is that infringement doesn’t have to be exact. If it’s likely that consumers might confuse “Pikminton” with “Pikmin,” then there’s a valid reason to oppose registration. At this point, we can only wait for representatives of Xiamen Tuomeixun E-commerce Co. to make their next move.

The USPTO sent a notice to a company representative informing them of the opposition. Those documents state that the defendant has until December 10, 2024, to submit an answer to the Trademark Trial and Appeal Board. Failure to do so will result in the loss of their case, but considering Nintendo’s resources, it’s unknown whether anyone will take on the company.

Well, Pocketpair is doing just that — and with a new Nintendo trademark dispute emerging, perhaps the gaming community’s focus will shift from Palworld momentarily.